[Federal Register Volume 59, Number 150 (Friday, August 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18796]


[[Page Unknown]]

[Federal Register: August 5, 1994]


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Part II





Department of the Interior





_______________________________________________________________________



Bureau of Indian Affairs



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25 CFR Part 10




Standards for Adult and Juvenile Detention, Community Residential, and 
Holding Facilities and Programs; Proposed Rule
DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 10

RIN 1076-AC80

 
Standards for Adult and Juvenile Detention, Community 
Residential, and Holding Facilities and Programs

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Proposed rule.

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SUMMARY: The Bureau of Indian Affairs is proposing to establish 
standards for governing Indian adult and juvenile detention, holding 
and community residential facilities and programs. The current 
detention regulations are over 20 years old and extremely limited. The 
proposed changes will cover all pertinent issues governing detention, 
holding and community residential services. The standards will increase 
the Bureau of Indian Affair's capability to provide Indian tribes the 
direction to administer constitutionally sound detention, holding and 
community residential programs. It will also provide the Bureau of 
Indian Affairs the key to prevent and combat potential lawsuits.

DATES: Comments must be received on or before November 3, 1994.

ADDRESSES: Written comments should be directed to the Chief, Division 
of Law Enforcement, Bureau of Indian Affairs, 1849 C Street, N.W., Mail 
Stop 1308, Washington, D.C. 20240.

FOR FURTHER INFORMATION CONTACT: Warren LeBeau, Bureau of Indian 
Affairs, Telephone: 202-208-5786.

SUPPLEMENTARY INFORMATION:

Background

    Detention standards published in 25 CFR 11.305 have not been 
modified for sixteen years, do not address current detention problems, 
and are inconsistent with current acceptable detention practices and 
other regulations. They fail to address code compliance and related 
physical plant issues, and lack options to allow for alternative types 
of detention programs. The need for more detailed and contemporary 
standards has been intensified by the provision of funding for 
detention programs under Pub. L. 99-570.
    Earlier attempts to develop standards based on those of the 
American Correctional Association failed to address the specific issues 
and concerns of BIA and tribal detention programs. They were not 
tailored to meet the needs of a Native American population and did not 
reflect the environment in which BIA and tribal detention programs 
operate. As a result, these standards were not promulgated.

Development of Regulations

    It is the policy of the Bureau to provide opportunities for input 
from those who will be affected by these regulations. A multi-agency 
task force was assembled to develop the first draft of these standards. 
The agencies represented included representatives from Division of Law 
Enforcement Central Office, Area Office Supervisory Criminal 
Investigators, Unit Criminal Investigators, detention staff, and Indian 
Health Service programs; the task force also included a member with 
prior experience in tribal detention programs. Additional internal 
reviews were conducted at the Area and Agency level. Interested parties 
are asked to submit written comments, suggestions and objections to 
these proposed rules.

Supplementary Information

    The policy of the Department of the Interior is, whenever 
practical, to afford the public an opportunity to participate in the 
rulemaking process. Accordingly, interested persons may submit written 
comments regarding the proposed rule to the locations identified in the 
Addresses section of this document. The Department has certified to the 
Office of Management and Budget that these proposed regulations meet 
the applicable standards provided in Sections 2(a) and 2(b)(2) of 
Executive Order 12778. The Department of the Interior has determined 
that this document is not a significant regulatory action under 
Executive Order 12866. This rule will not require the approval of the 
Office of Management and Budget. This rule will not have a significant 
economic impact on a substantial number of small entities under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). In accordance with 
E.O. 12630, the Department has determined that this rule does not have 
significant takings implications. The Department has determined that 
this rule does not have significant federalism effects. The Department 
of the Interior has determined that this proposed rule does not 
constitute a major Federal action significantly affecting the quality 
of the human environment and that no detailed statement is required 
pursuant to the National Environmental Policy Act of 1969. There are no 
information collection requirement(s) contained in this rule which 
require the approval of the Office of Management and Budget under 44 
U.S.C. 3501 et. seq. The primary author of this document is Warren 
LeBeau, Detention Specialist, BIA Law Enforcement.

List of Subjects in 25 CFR Part 10

    Buildings, Indians, Law enforcement, Prisoners, Youth.
    For the reasons set out in the preamble, Part 10 is proposed to be 
added to Chapter I of Title 25 of the Code of Federal Regulations as 
set forth below:

PART 10--STANDARDS FOR ADULT AND JUVENILE DETENTION, COMMUNITY 
RESIDENTIAL, AND HOLDING FACILITIES AND PROGRAMS

Subpart A--General Information

Sec.
10.1  Background information.
10.2  Definitions.
10.3  Applicability.
10.4  Compliance.
10.5  Facilities operated by contractors.

Subpart B--Adult Detention Facilities

10.11  Administration and management.
10.12  Physical plant.
10.13  Institutional operations.
10.14  Inmate programs and services.

Subpart C--Juvenile Detention Facilities

10.21  Administration and management.
10.22  Physical plant.
10.23  Institutional operations.
10.24  Juvenile programs and services.

Subpart D--Adult Community Residential Facilities

10.31  Administration and management.
10.32  Physical plant.
10.33  Institutional operations.
10.34  Resident programs and services.

Subpart E--Juvenile Community Residential Facilities

10.41  Administration and management.
10.42  Physical plant.
10.43  Institutional operations.
10.44  Juvenile programs and services.

Subpart F--Adult Holding Facilities

10.51  Administration and management.
10.52  Physical plant.
10.53  Institutional operations.
10.54  Inmate programs and services.
    Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9, 13, 2417, 2453, and 
2802.

Subpart A--General Information


Sec. 10.1  Background Information.

    (a) Purpose. These standards provide criteria for the construction 
and operation of various types of adult and juvenile law enforcement 
facilities and programs operated on Indian land. Through the 
implementation of these standards, Indian detention programs can 
address current problems, reduce liability, plan for improvements, and 
maintain sound and professional operations.
    (b) Types of standards. The standards have been divided into five 
sets, based on facility type, to make their use clearer. There are 
standards for adult detention facilities, juvenile detention 
facilities, adult community residential facilities, juvenile community 
residential facilities, and adult holding facilities. Standards for 
juvenile holding facilities are not necessary at this time.
    (c) Using more than one set of standards. Users may determine which 
type program they wish to operate and select the set of standards which 
apply to that type. Users may elect to operate more than one program 
type on a single site or within a single structure, provided that the 
requirements for programs located on the same site are met. This 
approach provides maximum flexibility to each locality in determining 
the type of detention program(s) it wishes to operate.


Sec. 10.2  Definitions.

    Addition means new construction which is physically attached or 
connected to an existing building structure.
    Administrative segregation means a special management 
classification which separates a detainee from the general population 
because he or she presents a serious threat to life, property, self, 
staff or other detainees, or to the secure and orderly running of the 
facility.
    Administrator means the official who has the ultimate 
responsibility for managing and operating the detention facility, such 
as the Captain of Police or the Chief of Police.
    Adult community residential program means a program for sentenced 
adults which is housed in a structure without security fences, security 
hardware or other major restraining construction typically associated 
with detention facilities. The major focus of these programs is to 
provide a structured environment conducive to positive behavior in the 
community.
    Adult detention facility means a local confinement facility for 
which the custodial authority is 48 hours or more.
    Assessment means an evaluation of an arrestee or a detainee by a 
health, mental health or substance abuse professional to determine 
treatment and/or management needs.
    Booking means both a law enforcement and a detention facility 
procedure. As a police administrative action, it is an official 
recording of an arrest and the identification of the person, place, 
time, arresting authority, and reason for the arrest. In a detention 
facility, it is a procedure for the admission of a person charged with 
or convicted of an offense, and includes searching, fingerprinting, 
photographing, health screening, collecting personal history data and 
completing an inventory of the individual's personal property.
    Building code means federal, state or local regulations that 
dictate the criteria for construction of a facility.
    Chemical agent means an active substance, such as tear gas, used to 
deter activities which might cause personal injury or property damage.
    Child abuse register means a central listing of persons reported 
for child abuse and neglect as required in the Indian Child Welfare 
Act.
    Classification means a process for determining the needs and 
requirements of those for whom confinement has been ordered and for 
assigning them to living areas and programs according to their needs 
and existing resources.
    Community resources means those social and welfare agencies, 
service clubs, citizen interest groups, self-help groups, and citizen 
volunteers who have the potential to assist juveniles/inmates in 
meeting defined needs.
    Contact visiting means a program inside and/or outside the facility 
that permits detainees to visit with designated person(s). The area is 
free of obstacles or barriers that prohibit physical contact.
    Contractor means a person, agency, or organization which agrees to 
furnish materials or perform services for the facility at a specified 
price or service. Contractors operating in the facility are subject to 
all applicable rules and regulations of the facility.
    Cooling off period means a brief period of time, typically under 60 
minutes, during which juveniles are confined in their rooms to allow 
them to gain control over their behavior.
    Custody record means information concerning the individual's 
personal, criminal and brief medical history, behavior and activities 
while in custody.
    Daily report means a written record, compiled each day, which 
indicates the names of detainees in custody, the names of detainees 
booked and released, the legal status of each detainee, and the number 
of days each detainee has been in custody.
    Dayroom means space for activities that is situated immediately 
adjacent to the detainee sleeping areas and separated from them by a 
wall.
    Delinquent act means an act that if committed by an adult would be 
a crime.
    Delinquent juvenile means a juvenile who has been adjudicated for 
conduct which, under the law of the jurisdiction in which the offense 
was committed, would be a crime if committed by an adult.
    Dependent child means the local tribal definition. However, in the 
absence of a local definition, it means a child who is adjudicated to 
be:
    (1) In need of proper and effective parental care and control and 
who has no parent or guardian: or
    (2) Destitute or who is not provided with the necessities of life, 
or who is not provided with a home or suitable place of abode, or whose 
home is unfit for him by reason of abuse, neglect, cruelty or depravity 
by either of his parents, his guardian, or other person having his 
custody or care.
    Disciplinary hearing means a nonjudicial administrative procedure 
to determine if substantial evidence exists to find a detainee guilty 
of a rule violation.
    Disciplinary report means a written report, prepared by a person 
with appropriate authority, describing an alleged violation of a 
facility's rules or regulations.
    Disciplinary segregation means a special management classification 
which separates a detainee from the general population because he or 
she has committed a serious violation of facility rules or regulations, 
after a finding of a rule violation at an impartial hearing and when 
there is no adequate alternative disposition to regulate the detainee's 
behavior.
    Diversion means the official halting or suspension, at any legally 
prescribed processing point after a recorded justice system entry, of 
formal justice proceedings against an alleged offender. The suspension 
of proceedings may be in conjunction with a referral to a treatment or 
care program administered by a non-judicial or private agency, or there 
may be no referral.
    Education release means a custody status under which detainees may 
leave the detention facility to attend school or paid employment in the 
community, returning to custody after work or school hours.
    Emergency means any serious incident, such as riot, strike, escape, 
fire or natural disaster which results in significant disruption of the 
facility's normal policies, procedures, or activities.
    Emergency care means care for an acute illness or unexpected health 
care need that cannot be deferred until the next scheduled sick call 
and which is provided to the resident population by representatives of 
the health authority, local ambulance services, and/or other hospital 
emergency rooms.
    Emergency generator and equipment means a generator, battery pack 
or alternative, independent power source which allows a facility to 
maintain essential lights, power and communication equipment.
    Emergency shelter facility means any non-secure public or private 
facility designated to provide either temporary or shelter placement 
for alleged or adjudicated status offenders prior to the issuance of a 
disposition order or longer-term care under a juvenile court 
disposition order.
    Existing construction means building structures which were 
constructed prior to the date these standards became effective.
    Facility means a place, institution, building (or part thereof), 
set of buildings, or area that is used for the lawful custody and/or 
treatment of individuals, which may be owned and/or operated by public 
or private agencies, and which includes the staff and services as well 
as the buildings and grounds.
    Force, use of means physical force used in instances of justifiable 
self-defense, protection of others, protection of property, or 
prevention of escapes. Physical force is used only as a last resort and 
in accordance with appropriate statutory authority.
    Good-time means a system established by law or the applicable court 
which allows the facility to subtract a set amount of time from an 
inmate's sentence for specified periods that are served in an 
acceptable manner.
    Grievance means a written complaint filed by a detainee with the 
facility administration.
    Guardian means a person who has been appointed by a court to be the 
custodian of a child's rights in place of a parent.
    Handbook, inmate means a collection of the facility's rules of 
conduct and sanctions for violations, defined in writing.
    Handicapped person means any person who has a physical, mental or 
sensory impairment which substantially limits one or more major life 
activities, has a record of such an impairment, or is regarded as 
having such an impairment.
    Health appraisal means a thorough examination of a person's current 
physical condition and medical histories, which is conducted by, or 
under the supervision, of a licensed professional within a specified 
time period following admission.
    Health authority means the Indian Health Service or its contracted 
designee.
    Health care staff means individuals whose primary duties are to 
provide health services to detainees in keeping with their respective 
levels of health care training experience.
    Health examination means a physical examination of detainees who 
have been in custody more than thirty days, which includes dental and 
mental health evaluation.
    Health screening means a system of structured inquiry and 
observation, by health care staff or by a health-trained detention 
officer at the time of admission, designed to prevent newly-arrived 
detainees who pose a health or safety threat to themselves or others 
from being admitted to the general population.
    Health-trained staff means detention staff who are trained and 
appropriately supervised to carry out certain specific duties with 
regard to the administration of health care.
    Housing unit means a group or cluster of single and/or multiple 
occupancy cells or detention rooms that houses inmates and is 
immediately adjacent and directly accessible to a day or activity room.
    Identification and location record means a written record that 
shows the actual physical location of each detainee in custody.
    Immediate release (from locked areas) means the capability of 
immediate staff response to release of all detainees from a locked area 
to a safe area within four minutes.
    Incident means a situation in which injury serious enough to 
warrant medical attention occurs involving a resident, employee, or 
visitor on the grounds of the institution, or a situation containing an 
imminent threat to the security of the institution and/or the safety of 
residents, employees, or visitors on the grounds of the institution.
    Indian means any person:
    (1) Who is a member of an Indian tribe, as defined below, 
irrespective of whether he or she lives on or near a reservation, is a 
member of a tribe, band, or other organized group of Indians, including 
those tribes, bands, or groups terminated since 1940 and those 
recognized now or in the future by the State in which they reside, or 
who is a descendant, in the first or second degree, of any such member; 
or
    (2) Who is an Eskimo or Aleut or other Alaska Native; or
    (3) Who is considered by the Secretary of the Interior to be an 
Indian for any purpose; or
    (4) Who is determined to be an Indian under regulations promulgated 
by the Secretary.
    Indian tribe means any tribe, band, nation or other organized group 
or community, including any Alaska Native village or group or regional 
or village corporation as defined in or established pursuant to the 
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), which is 
recognized as eligible for the special programs and services provided 
by the United States to Indians because of their status as Indians.
    Indian youth means a person under the age of eighteen years, who 
claims to be a descendant of a member of a Federally recognized tribe.
    Informed consent means the agreement by a patient to a treatment, 
examination or procedure after the patient receives the material facts 
regarding the nature, consequences, risks and alternatives concerning 
the proposed treatment, examination and procedure.
    Inmate means any person considered an adult within that 
jurisdiction, whether pretrial, unsentenced, or sentenced, who is 
confined in a detention or holding facility.
    Inmate fund account means any money which is held in trust for 
specific inmates, including funds in their possession at the time of 
booking, funds brought for the use of specific inmates during the 
period of custody, and funds, such as commissary or canteen funds, 
which are developed as a result of sales or fees to inmates.
    Juvenile means a person who has not attained his or her eighteenth 
birthday or, for purposes of juvenile court proceeding, a child less 
than twenty-one years of age who became the subject of a juvenile court 
proceeding before the child's eighteenth birthday.
    Juvenile community residential program means a program to provide 
positive role models and an environment conducive to positive behavior 
in the community for adjudicated juveniles which is housed in a 
structure that does not have security fences, security hardware or 
other major restraining construction typically associated with 
detention facilities.
    Juvenile community residential worker means a community residential 
staff person whose sole responsibility is the supervision of juveniles 
in a community residential facility.
    Juvenile detention means the temporary care of a youth alleged to 
be delinquent, who requires secure custody in a physically restricting 
facility.
    Juvenile detention facility means a local confinement facility for 
the temporary care of juvenile offenders and juveniles alleged to be 
delinquent who require secure custody in a physically restricting 
facility for more than 24 hours.
    Juvenile intake means the process of determining whether the 
interests of the public or the juvenile require the filing of a 
petition with the juvenile court. It includes receiving, reviewing, and 
processing complaints, recommending detention or release, and providing 
services for juveniles and their families, including diversion and 
referral to other community agencies.
    Library service means a service that provides and circulates 
reading materials; reading materials include books and periodicals as 
well as education and recreational audiovisual materials.
    Light, natural means light available from a source within 20 feet 
of the room or cell with an opening or window that has a view to the 
outside.
    Mail inspection means the examination of incoming and outgoing mail 
for contraband, cash, checks and money orders.
    Major infraction means a rule infraction involving a grievous loss 
and requiring imposition of disciplinary procedures. Major infractions 
include:
    (1) Violations that may result in disciplinary detention or 
administrative segregation;
    (2) Violations that may result in a forfeiture, such as a loss of 
good time; and
    (3) Violations that may be referred for criminal prosecution.
    Medical/mental health restraints means either chemical restraints, 
such as sedatives, or physical agents, such as straight jackets, 
utilized only for medical or psychiatric purposes.
    Medical/mental health segregation means a form of separation from 
the general population for detainees who are seriously ill or injured 
or whose presence in the general population would be likely to spread 
contagious disease.
    Memorandum of agreement (MOA) means a written memorandum between 
two or more agencies which identifies the roles and responsibilities of 
each regarding a specific item.
    Mentally retarded means an individual who functions at a subaverage 
general intellectual level and is deficient in adaptive behavior.
    Minor infraction means a violation of the facility's rules of 
conduct that does not require due process and can be resolved without 
the imposition of serious penalties. Minor infractions do not violate 
any federal or tribal statutes and may be resolved informally by 
reporting staff.
    Multiple occupancy cell or room means an area, room or cell housing 
more than two and less than fifty persons.
    New construction means any new construction over 2000 square feet 
in gross square foot area.
    N.F.P.A. means the National Fire Protection Association.
    Non-contact visiting means a type of visiting that restricts 
inmates from having physical contact with visitors. Physical barriers 
usually separate the offender from the visitors with screens and/or 
glass. Voice communication between the parties is typically 
accomplished with phones or speakers. Offenders that present a serious 
escape threat, are a threat to others or require protection are often 
designated for non-contact visits.
    Orientation means the period immediately following booking which 
includes interviews, testing and other booking-related activities, 
including distribution of information about programs, services, rules 
and regulations.
    Perimeter security means a system that controls ingress and egress 
to the interior of a facility or institution. The system may include 
electronic devices, walls, fences, patrols and/or towers.
    Planning of new institutions (PONI) program means the BIA process 
for the development of law enforcement facilities. The process includes 
application, validation, pre-architectural programming, design, 
transition and construction.
    Post means a duty station related to either place or function which 
is necessary for the operation of the facility.
    Pretrial release means a procedure whereby an accused individual 
who had been taken into custody is allowed to be released before and 
during his or her trial.
    Privileged information means information about detainees or 
residents which is not considered public information under the 
provisions of the Freedom of Information Act of 1973 as amended (5 
U.S.C. 552). It typically includes information protected as a medical 
record, classification interviews, and the results of internal 
disciplinary hearings.
    Protective holding cell means a specialized cell or room that is 
utilized to detain or isolate an incapacitated or combative 
individual(s) for a short period of time. It may be equipped with 
specialized security and/or medical equipment to control and manage 
individuals detained in these areas in a safe, secure, and humane 
environment.
    Qualified health and safety inspector means a full-time safety 
officer at either the BIA Area or Agency level.
    Qualified health staff means licensed, registered or certified 
physicians and dentists as well as other professional and technical 
workers who, by law, engage in activities that support, complement or 
supplement the functions of physicians and/or dentists.
    Rated capacity means the actual number of beds available for 
regular use, based on compliance with square footage requirements for 
each occupancy type. Rated capacity does not include spaces, such as 
protective holding cells, used only on a temporary basis.
    Releasing authority means the decision-making body and/or 
individual that has the responsibility to grant, deny and revoke 
release from a juvenile institution or program of supervision.
    Renovation means construction within an existing facility which 
modifies its structure and in which more than 20% of the cost of the 
proposed building modification results from standards compliance.
    Reservation means any Federally recognized Indian Tribe's 
reservation, pueblo or colony, including former reservations in 
Oklahoma, Alaska Native regions established pursuant to the Alaska 
Native Claims Settlement Act (43 U.S.C. 1601 et seq.), and Indian 
allotments if considered reservation land by the Bureau of Indian 
Affairs.
    Safety equipment includes fire fighting equipment, i.e. chemical 
extinguishers, hoses, nozzles, water supplies, alarm systems, sprinkler 
systems, portable breathing devices, gas masks, fans, first aid kits, 
stretchers, and emergency alarms.
    Safety management review means a review of all construction by the 
Division of Safety Management to ensure that the facility complies with 
applicable codes, standards, regulations and guidelines regarding 
Health and Safety matters.
    Sallyport means an enclosure to handle either pedestrian or 
vehicular traffic and is located either in the security perimeter wall 
or fence of the facility, which has gates or doors at both ends, only 
one of which opens at a time. This method of entry and exit ensures 
there will be no breach in the security of the facility.
    Secure institution means any facility that is designed and operated 
to ensure that all entrances and exits are under the exclusive control 
of the facility's staff, thereby preventing an inmate from leaving the 
facility unsupervised or without permission.
    Security devices means locks, gates, doors, bars, fences, screens, 
ceilings, floors, walls, and barriers used to confine and control 
juveniles/inmates and electronic monitoring equipment, security alarm 
systems, security light units, auxiliary power supply, and other 
equipment used to safeguard the facility.
    Security or custody means the degree of restriction of inmate or 
juvenile movement within a detention facility, usually divided into 
maximum, medium and minimum risk levels.
    Security perimeter means the outer portions of a facility that 
provide for secure confinement of facility inmates or juveniles.
    Shift activity log means a system of bound records which record the 
significant activities of a shift, including emergency and non-
emergency activities.
    Shift relief factor means a mathematic ratio between the number of 
hours that staff are actually available to work and the number of hours 
that staffing must be provided.
    Special management means the confinement of a detainee in an 
individual cell that is separated from the remainder of the population 
for the purpose of disciplinary, administrative segregation, protective 
custody, or medical segregation.
    Status offender means a youth who has been charged with or 
adjudicated for an act that under the law of the jurisdiction in which 
the offense was committed would not be a crime under any circumstances 
if committed by an adult.
    Suicide screening means the systematic inquiry and observation of 
adults and juveniles at the time of booking to attempt to identify 
individuals who are at risk of suicide.
    Summer and winter comfort zones means suggested temperature ranges 
for indoor living and work areas during the summer months are sixty-six 
to eighty-six degrees Fahrenheit and sixtyone to seventy-three degrees 
Fahrenheit during the winter months.
    Supervision means guidance or management of detainees, typically 
without a barrier between detention staff and detainees.
    Temporary release means a period of time during which a detainee is 
allowed to leave the facility and go into the community unsupervised by 
detention personnel for various purposes consistent with the public 
interest.
    Trained staff means detention or community residential staff who 
have completed the orientation training required in these standards.
    Work release means an arrangement sanctioned by law or the 
appropriate court that enables a detainee to be released into the 
community to maintain approved employment and/or other approved 
activity.


Sec. 10.3  Applicability.

    These standards shall apply to any facilities constructed and/or 
operated on Reservations as defined in Sec. 10.2. Non-Indian facilities 
with which the BIA contracts shall comply with the detention standards 
of the state in which they are located, applicable federal and state 
laws, and applicable safety and health codes.


Sec. 10.4  Compliance.

    (a) Incremental compliance. The compliance process is incremental 
and, in many areas, offers options and choices to each facility.
    (b) Types of standards. There are two types of standards, mandatory 
and nonmandatory. Each set of standards includes standards for 
operations and standards for physical plants; if appropriate, physical 
plant standards are divided into two categories, new construction, 
renovation and expansion and standards for existing facilities. The 
following table shows the number of mandatory and non-mandatory 
standards by facility type and new and existing construction. Each 
sections i.e., Sec. 10.11(a)(1), Sec. 10.11.(a)(2), etc., comprises one 
standard. 

                       Table 4.1.--Mandatory and Non-Mandatory Standards by Facility Type                       
----------------------------------------------------------------------------------------------------------------
                                                                              Total                      Non-   
      Subpart                          Type of facility                     standards    Mandatory    mandatory 
----------------------------------------------------------------------------------------------------------------
B...................  Adult Detention....................................          245           48          197
                      Adult Detention (existing).........................          249           48          201
C...................  Juvenile Detention.................................          262           47          215
                      Juvenile Detention (existing)......................          266           47          219
D...................  Adult Community Residential........................          223           45          178
E...................  Juvenile Community Residential.....................          228           45          183
F...................  Adult Holding Facilities...........................          207           47          160
                      Adult Holding Facilities (existing)................          208           47         161 
----------------------------------------------------------------------------------------------------------------

    (1) Mandatory vs. non-mandatory standards. Mandatory standards deal 
with areas in which there is potential danger to the life, health, and 
safety of inmates, staff, and/or the community and those areas in which 
there are other statutes, regulations, or directives which mandate 
compliance. Without exception, facilities must comply with all 
mandatory standards. Non-Mandatory Standards deal with all other areas 
of administration, program operation and facilities. Based on a system 
of progressive compliance, all facilities must comply with a percentage 
non-mandatory standards that increases over time. The following table 
lists the mandatory standards in each Subpart of the rule. 

                                                            Table 4.2.--Mandatory Standards                                                             
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                            Detention                                     Community residential                         Holding         
    Standard title     ---------------------------------------------------------------------------------------------------------------------------------
                              Part B adult            Part C juvenile             Part D adult            Part E juvenile             Part F adult      
--------------------------------------------------------------------------------------------------------------------------------------------------------
Separation of Adults    B10.11(a)(14)             N/A                       N/A                       N/A                       F10.51.(a)(8)           
 and Juveniles.                                                                                                                                         
Prohibited Uses of      N/A                       C10.21(a)(14)             N/A                       N/A                       N/A                     
 Detention.                                                                                                                                             
Budgetary Compliance..  B10.11(b)(1)              C10.21(b)(1)              D10.31(b)(1)              E10.41(b)(1)              F10.51.(b)(1)           
Accounting Compliance.  B10.11(b)(2)              C10.21(b)(2)              D10.31(b)(2)              E10.41(b)(2)              F10.51.(b)(2)           
Personnel Policy......  B10.11(c)(1)              C10.21(c)(1)              D10.31(c)(1)              E10.41(c)(1)              F10.51.(c)(1)           
Training Curriculum     B10.11(d)(2)              C10.21(d)(2)              D10.31(d)(2)              E10.41(d)(2)              F10.51.(d)(2)           
 Approval.                                                                                                                                              
Detention Officer       B10.11(d)(6)              C10.21(d)(6)              D10.31(d)(6)              E10.41(d)(6)              F10.51.(d)(5)           
 Orientation Training.                                                                                                                                  
Records Compliance....  B10.11(e)(1)              C10.21(e)(1)              D10.31(e)(1)              E10.41(e)(1)              F10.51.(e)(1)           
Building and Safety     B10.12(a)(1)              C10.22(a)(1)              D10.32(a)(1)              E10.42(a)(1)              F10.52.(a)(1)           
 Code Compliance.                                                                                                                                       
Accessibility.........  B10.12(a)(3)              C10.22(a)(3)              D10.32(a)(3)              E10.42(a)(3)              F10.52.(a)(3)           
OSHA Compliance.......  B10.12(a)(4)              C10.22(a)(4)              D10.32(a)(4)              E10.42(a)(4)              F10.52.(a)(4)           
Health and Safety       B10.12(a)(5)              C10.22(a)(5)              D10.32(a)(5)              E10.42(a)(5)              F10.52.(a)(5)           
 Inspection.                                                                                                                                            
Furnishings and         B10.12(a)(6)              C10.22(a)(6)              D10.32(a)(6)              E10.42(a)(6)              F10.52.(a)(6)           
 Equipment Code                                                                                                                                         
 Compliance.                                                                                                                                            
Separation of Adults    B10.12(b)(2)              N/A                       N/A                       N/A                       F10.52.(b)(1)           
 and Juveniles.                                                                                                                                         
Emergency Exits.......  B10.12(d)(4)              C10.22(d)(4)              D10.32(d)(1)              E10.42(d)(1)              F10.52.(d)(4)           
New Facility Planning   B10.12(e)(1)              C10.22(e)(1)              D10.32(e)(1)              E10.42(e)(1)              F10.52.(e)(1)           
 Requirement.                                                                                                                                           
Safety Management       B10.12(e)(2)              C10.22(e)(2)              D10.32(e)(2)              E10.42(e)(2)              F10.52.(e)(2)           
 Review.                                                                                                                                                
Full Coverage of Posts  B10.13(a)(3)              C10.23(a)(4)              D10.33(a)(1)              E10.43(a)(1)              F10.53.(a)(3)           
Male and Female Staff   B10.13(a)(6)              C10.23(a)(7)              D10.33(a)(3)              E10.43(a)(3)              F10.53.(a)(6)           
 Requirement.                                                                                                                                           
Weekly Inspection.....  B10.13(a)(14)             C10.23(a)(15)             D10.33(a)(10)             E10.43(a)(10)             F10.53.(a)(14)          
Monthly Inspection....  B10.13(a)(15)             C10.23(a)(16)             D10.33(a)(11)             E10.43(a)(11)             F10.53.(a)(15)          
Fire Safety Inspection  B10.13(a)(16)             C10.23(a)(17)             D10.33(a)(12)             E10.43(a)(12)             F10.53.(a)(16)          
Use of Force and        B10.13(a)(22)             C10.23(a)(23)             D10.33(a)(17)             E10.43(a)(17)             F10.53.(a)(22)          
 Firearms.                                                                                                                                              
Fire Prevention.......  B10.13(b)(1)              C10.23(b)(1)              D10.33(b)(1)              E10.43(b)(1)              F10.53.(b)(1)           
Evacuation Plan.......  B10.13(b)(4)              C10.23(b)(4)              D10.33(b)(3)              E10.43(b)(3)              F10.53.(b)(4)           
Emergency Plans.......  B10.13(b)(5)              C10.23(b)(5)              D10.33(b)(4)              E10.43(b)(4)              F10.53.(b)(5)           
Medical Treatment       B10.13(b)(7)              C10.23(b)(7)              D10.33(b)(7)              E10.43(b)(6)              F10.53.(b)(7)           
 (Incident).                                                                                                                                            
Suicide Screening.....  B10.13(f)(4)              C10.23(g)(3)              D10.33(f)(2)              E10.43(f)(6)              F10.53.(f)(3)           
Dietary Allowances....  B10.13(h)(2)              C10.23(i)(2)              D10.33(h)(2)              E10.43(h)(2)              F10.53.(h)(2)           
Medical Special Diets.  B10.13(h)(4)              C10.23(i)(4)              D10.33(h)(4)              E10.43(h)(4)              F10.53.(h)(4)           
Health Protection.....  B10.13(h)(7)              C10.23(i)(7)              D10.33(h)(7)              E10.43(h)(7)              F10.53.(h)(7)           
Inspection of Food      B10.13(h)(9)              C10.23(i)(9)              D10.33(h)(9)              E10.43(h)(9)              F10.53.(h)(9)           
 Service Area.                                                                                                                                          
Water Supply..........  B10.13(i)(1)              C10.23(j)(1)              D10.33(i)(1)              E10.43(i)(1)              F10.53.(i)(1)           
Sewage System.........  B10.13(i)(2)              C10.23(j)(2)              D10.33(i)(2)              E10.43(i)(2)              F10.53.(i)(2)           
Sanitation Plan.......  B10.13(i)(3)              C10.23(j)(3)              D10.33(i)(3)              E10.43(i)(3)              F10.53.(i)(3)           
Written Health Care     B10.13(j)(1)              C10.23(k)(1)              D10.33(j)(1)              E10.43(j)(1)              F10.53.(j)(1)           
 Plan.                                                                                                                                                  
Medical/Mental Health   B10.13(j)(4)              C10.23(k)(4)              D10.33(j)(4)              E10.43(j)(4)              F10.53.(j)(4)           
 Judgment.                                                                                                                                              
Meetings with Provider  B10.13(j)(6)              C10.23(k)(6)              D10.33(j)(6)              E10.43(j)(6)              F10.53.(j)(6)           
Review of Health Care   B10.13(j)(7)              C10.23(k)(7)              D10.33(j)(7)              E10.43(j)(7)              F10.53.(j)(7)           
 Policies.                                                                                                                                              
Health Training         B10.13(j)(8)              C10.23(k)(8)              D10.33(j)(8)              E10.43(j)(8)              F10.53.(j)(8)           
 Program.                                                                                                                                               
24-hour Emergency Care  B10.13(j)(10)             C10.23(k)(10)             D10.33(j)(10)             E10.43(j)(10)             F10.53.(j)(10)          
Health Care Treatment.  B10.13(j)(11)             C10.23(k)(11)             D10.33(j)(11)             E10.43(j)(11)             F10.53.(j)(11)          
Licensure Requirements  B10.13(j)(13)             C10.23(k)(13)             D10.33(j)(12)             E10.43(j)(12)             F10.53.(j)(13)          
Management of           B10.13(j)(16)             C10.23(k)(16)             D10.33(j)(15)             E10.43(j)(15)             F10.53.(j)(16)          
 Medications.                                                                                                                                           
Preliminary Health      B10.13(j)(18)             C10.23(k)(18)             D10.33(j)(17)             E10.43(j)(17)             F10.53.(j)(18)          
 Screening.                                                                                                                                             
Serious and Infectious  B10.13(j)(23)             C10.23(k)(23)             N/A                       N/A                       F10.53.(j)(20)          
 Disease.                                                                                                                                               
Participation in        B10.13(j)(27)             C10.23(k)(27)             D10.33(j)(25)             E10.43(j)(25)             F10.53.(j)(23)          
 Research.                                                                                                                                              
Confidentiality of      B10.13(j)(28)             C10.23(k)(28)             D10.33(j)(26)             E10.43(j)(26)             F10.53.(j)(24)          
 Health Records.                                                                                                                                        
Regulation of Work      B10.14(b)(2)              C10.24(b)(3)              D10.34(c)(2)              E10.44(c)(3)              N/A                     
 Programs.                                                                                                                                              
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (2) Physical plant standards. There are two categories of standards 
which deal with facilities: standards for existing construction and 
standards for new construction, additions and renovations. If there are 
no existing facilities of the type, standards for existing construction 
are omitted.
    (c) Accreditation process. The accreditation process is 
incremental. It does not require that detention facilities comply with 
all standards when they are published. The following requirements are 
established for compliance:
    (1) First year following publication. By the end of the first year 
following publication, all detention facilities must have identified 
deficiencies and developed an action plan that identifies the actions 
and resources necessary to correct deficiencies and a schedule for 
these remedies.
    (2) Second year following publication. By the end of the second 
year following publication and thereafter, all detention facilities 
must be one hundred percent compliant with the mandatory standards. For 
example, an existing adult detention facility would have to comply with 
the 48 mandatory standards of the 249 total standards applicable to 
this facility type.
    (3) Fourth year following publication. By the end of the fourth 
year following publication and thereafter, all detention facilities 
must be 50 percent compliant with the non-mandatory standards. For 
example, an existing adult detention facility would have to remain 
compliant with the 48 mandatory standards and also comply with 101 
(50%) of the 201 non-mandatory standards for this facility type.
    (4) Fifth year following publication. By the end of the fifth year 
following publication and thereafter, all detention facilities must be 
60 percent compliant with the non-mandatory standards. For example, an 
existing adult detention facility would have to remain compliant with 
the 48 mandatory standards and also comply with 121 (60%) of the non-
mandatory standards for this facility type.
    (5) Sixth year following publication. By the end of the sixth year 
following publication and thereafter, all detention facilities must be 
70 percent compliant with the non-mandatory standards.
    (6) Seventh year following publication. By the end of the seventh 
year following publication and thereafter, all detention facilities 
must be 80 percent compliant with the non-mandatory standards.
    (7) Eighth year following publication. By the end of the eighth 
year following publication and thereafter, all detention facilities 
must be 90 percent compliant with the non-mandatory standards.
    (8) Available assistance. The BIA, Division of Law Enforcement 
shall provide a format for self-accreditation of programs with 
provision for program audits.


Sec. 10.5  Facilities operated by contractors.

    (a) Form of organization. The entity operating the facility shall 
be a legal entity or part of a legal entity.
    (b) Program continuity. The operator of the facility shall document 
that necessary legal measures have been taken to provide continuity of 
service in the event of incapacitation, retirement or death.
    (c) Annual meeting. The governing authority of the facility shall 
meet at least annually with the contracting officer to facilitate 
communication, establish policy, explore problems, ensure conformity to 
legal and fiscal requirements, and implement programs.
    (d) Minimum criteria for private agencies. At a minimum, the bylaws 
for the governing authority of the incorporated agency shall include 
membership qualifications, community representation, size of the 
governing body, method of selection, terms of office, duties and 
responsibilities of officers, times the board will meet, committee 
structure, quorums, parliamentary procedure, recording of minutes, 
method of amending the bylaws, conflict of interest items, and the 
relationship of the chief executive officer to the governing body.

Subpart B--Adult Detention Facilities


Sec. 10.11  Administration and management.

    (a) General administration--(1) Mission and goals. A written 
statement, which shall be updated as necessary, shall describe the 
philosophy, goals and policies of the facility.
    (2) Administration of facility. An administrator, whose 
responsibility and authority shall be documented, shall oversee each 
facility. The appointment shall be based on written qualifications.
    (3) Organization chart. An organization chart shall describe the 
facility's organization and chain of command. The chart shall be 
updated as needed.
    (4) Service provider roles. A Memorandum of Agreement (MOA), which 
shall be updated as needed and reviewed at least annually, shall define 
the role and function of employees of public or private agencies 
providing a service to the facility. The MOA shall specify the relation 
of service providers to the authority and responsibility of the 
administrator.
    (5) Interagency meetings. The administrator shall conduct regular 
meetings between the staff of criminal justice, social service, health 
care and detention agencies to develop and maintain effective 
interagency coordination.
    (6) Policy and procedure manual. All employees of the facility 
shall have access to a policy and procedure manual and its supporting 
documents. The Chief, Division of Law Enforcement, shall approve the 
manual and its supporting documents, which shall provide for the 
implementation of these standards and shall direct documentation of 
compliance. The administrator shall update the manual as needed and 
review it annually.
    (7) Dissemination of policy and procedure. The administrator shall 
disseminate approved, new, or revised policies and procedures to 
designated staff, volunteers, and, where appropriate, inmates prior to 
implementation. Staff shall review and indicate in writing that they 
understand the content of policies and procedures prior to their 
implementation.
    (8) Channels of communication. The administrator or designee shall 
regularly disseminate information to staff prior to the beginning of 
their shift.
    (9) Monitoring and assessment. The Agency Superintendent or 
designee shall review and inspect operations and programs at least 
annually.
    (10) Annual report. The administrator shall submit a written annual 
report to the Chief, Division of Law Enforcement, through the Area 
Director and Agency Superintendent, and shall forward a copy to the 
appropriate court and health care authority. The report shall address 
goals, objectives, population data, programs and services provided, 
budget, space and equipment needs and major developments.
    (11) Public information program. The administrator or designee 
shall provide for a public information program.
    (12) Legal counsel. Legal counsel shall be available to the 
administrator and other staff as needed in the performance of their 
duties.
    (13) Separation of adults and juveniles. The administrator shall 
prohibit the confinement of juveniles under the age of eighteen within 
the facility unless in compliance with 42 U.S.C. 223(a)(13)(14) (the 
Juvenile Justice and Delinquency Prevention Act of 1974) as amended and 
28 CFR Part 31.
    (b) Fiscal management--(1) Budgetary compliance. If operated by the 
BIA, the facility shall comply with the directives of the Agency 
regarding budget preparation, submission, and administration. If 
operated by a tribe, the facility shall comply with the directives of 
the tribe regarding budget preparation, submission, and administration.
    (2) Accounting compliance. If operated by the BIA, the facility 
shall comply with the Agency accounting directives. If operated by a 
Tribe, the facility shall comply with Tribal accounting directives.
    (3) Basis of budget. The administrator shall document a direct 
relationship between the budget and planned operational, staffing and 
program needs.
    (4) Property management compliance. If operated by the BIA, the 
facility shall comply with Agency property management directives. If 
operated by a Tribe, the facility shall comply with Tribal property 
management directives.
    (5) Federal acquisition regulation compliance. If operated by the 
BIA, the facility shall comply with Agency directives for facility 
services, equipment and supply purchases. If operated by a tribe, the 
facility shall comply with tribal directives for facility services, 
equipment and supply purchases.
    (6) Space and equipment needs and deficiencies. The administrator 
shall report space and equipment needs and deficiencies annually to the 
Area Director through the Agency Superintendent.
    (7) Program needs and deficiencies. The administrator shall report 
program needs and deficiencies, i.e., staffing, supplies, training and 
contract services, annually to the Chief, Division of Law Enforcement, 
through the Area Director and Agency Superintendent.
    (8) Cost of inmate board. The facility shall charge all contract 
users at the same rate.
    (9) Fund accounts. The administrator shall arrange for an 
independent audit of inmate fund accounts, including canteen or 
commissary, following standard accounting practices. The administrator 
shall use any profit or interest which accrues for the benefit of the 
inmates.
    (c) Personnel--(1) Personnel policy. If operated by the BIA, the 
facility shall comply with Agency personnel management directives. If 
operated by a Tribe, the facility shall comply with Tribal personnel 
management directives.
    (2) Personnel manual. The administrator shall make a copy of the 
applicable personnel manuals and regulations available to every 
employee.
    (3) Staffing requirements. The administrator shall review employee 
workload annually to ensure that the legitimate safety and security 
needs of staff and inmates are addressed. The administrator shall 
develop and update the facility's shift relief factor annually.
    (4) Criminal record check. The administrator or designee shall 
conduct a criminal record check of all new employees prior to 
employment to determine if there are criminal convictions that have a 
specific relationship to job performance.
    (5) Physical examination. All employees who have direct contact 
with inmates shall have a pre-employment physical examination. There 
shall be provisions for re-examination.
    (6) Physical fitness. Detention officers shall meet BIA or 
comparable tribal standards for physical fitness.
    (7) Code of ethics. The facility shall have a written Code of 
Ethics that outlines the professional standards expected of all 
employees and recognizes that detention personnel may be held to a 
higher behavioral standard because of the nature of their duties.
    (8) Confidentiality. Consultants, contract personnel, employees of 
other public and private agencies and volunteers who work with inmates 
shall agree to comply with the facility's policies on confidentiality 
of information.
    (d) Training and staff development--(1) Management of training 
programs. A qualified employee, who has received training in training 
delivery methods, shall plan, coordinate and supervise employee and 
volunteer training programs. The administrator shall identify, evaluate 
and update job-related training needs annually.
    (2) Training curriculum approval. The Chief, Division of Law 
Enforcement, in conjunction with the Indian Police Academy, shall 
approve training programs and curriculum required by these standards.
    (3) Outside resources. The facility shall support the integration 
of IHS-approved and other training with the approval of the 
administrator.
    (4) Education and training. The administrator shall encourage 
employees to continue their education and training.
    (5) Cultural awareness. Orientation training shall include a 
component on cultural issues relative to the local tribe(s).
    (6) Detention officer orientation training. All new full or part-
time detention officers shall receive the number of hours of 
orientation training recommended by the Chief, Division of Law 
Enforcement, during their first year of employment. Employees shall 
complete forty of these hours prior to being independently assigned to 
work in the facility.
    (7) Detention officer in-service training. All full or part-time 
detention officers shall receive an additional forty hours of job-
relevant training each subsequent year of employment.
    (8) Clerical and support staff orientation training. All new 
clerical and support staff who have minimal inmate contact shall 
receive the number of hours of orientation and training recommended by 
the Chief, Division of Law Enforcement within their first year of 
employment.
    (9) Clerical and support staff in-service training. All clerical 
and support staff shall receive an additional sixteen hours of job-
relevant training each subsequent year of employment.
    (10) Administrative and managerial staff orientation training. New 
administrative and managerial staff shall receive at least the number 
of hours of training recommended by the Chief, Division of Law 
Enforcement, within their first year of employment in this position.
    (11) Administrative and managerial staff in-service training. 
Administrative and managerial staff shall receive at least twenty-four 
hours of job-relevant training each subsequent year of employment.
    (12) Specialized training. At least one detention officer per shift 
shall receive specialized training in the management of inmates with 
health and behavioral problems, including substance abuse and suicide. 
At least one detention officer per shift shall be certified as an 
emergency medical technician. All detention staff who have contact with 
inmates shall receive training in advanced first aid and CPR. The 
health authority shall identify health-related training needs.
    (e) Facility records--(1) Records compliance. The facility shall 
comply with 5 U.S.C. 552 (the Freedom of Information Act), 5 U.S.C. 
552(a) (the Privacy Act of 1974) as amended, 43 CFR 2.79(a), or 
comparable tribal regulations.
    (2) Records management. The facility shall have a system for the 
management, dissemination, retrieval, storage, archiving and (when 
appropriate) destruction of information and detention records.
    (3) Law enforcement sensitive information. Law enforcement 
sensitive records and information shall be marked privileged. The 
administrator or designee shall keep these records in a locked cabinet 
or file room.
    (4) Release of information and consent. Inmates shall sign a 
Release of Information Consent Form in compliance with 5 U.S.C. 552(a) 
(the Privacy Act of 1974) as amended prior to the release of privileged 
information. The administrator or designee shall keep a copy of the 
signed release in the inmate's record.
    (5) Separation of record contents. The administrator or designee 
shall identify and separate contents of inmate records according to an 
established format which, at a minimum, shall separate privileged from 
public information.
    (6) Access to information. The administrator shall define clearly 
personnel who have access to inmate records.
    (7) Daily report. The administrator or designee shall maintain a 
daily report and provide a copy of it to the appropriate court(s). The 
daily report shall identify:
    (i) the names of inmates in custody, including inmates on temporary 
release or in other locations;
    (ii) names of inmates admitted and released;
    (iii) the legal status of each inmate; and
    (iv) the number of days each inmate has been in custody.
    (8) Identification and location record. The facility shall maintain 
a system that identifies all inmates in custody and their actual 
physical location.
    (9) Custody record. The facility shall maintain custody records of 
all inmates held at the facility. The record shall include, but not be 
limited to:
    (i) initial booking form;
    (ii) documented legal authority to detain the inmate;
    (iii) health and suicide screening forms;
    (iv) dates of court appearances;
    (v) signed release of information forms;
    (vi) an on-going record of cash and valuables;
    (vii) dates and times of temporary releases;
    (viii) names of visitors and dates of visits;
    (ix) facility rules and disciplinary policy signed by the inmate;
    (x) classification interview and subsequent classification actions;
    (xi) reports of major disciplinary actions, significant incidents 
or crimes committed while in custody;
    (xii) records of program participation including work release or 
inmate work programs;
    (xiii) good time accumulated (if applicable); and
    (xiv) final release or transfer report.
    (10) Booking information. The administrator or designee shall 
record booking information for every person admitted to the facility. 
The record shall include at least the following data:
    (i) booking number;
    (ii) name and known aliases;
    (iii) current or last known address;
    (iv) date and time of confinement;
    (v) a copy of the court order or other legal basis for detention;
    (vi) name, title, agency and signature of arresting officer;
    (vii) charge or charges;
    (viii) date and place of birth;
    (ix) ethnic origin or tribal affiliation;
    (x) present or last place of employment;
    (xi) emergency contact name, relationship, address and phone 
number;
    (xii) record of telephone calls made by arrestee at time of 
admission;
    (xiii) driver's license and social security number;
    (xiv) identifying information, including height, weight, gender and 
identifying marks, such as birthmarks, scars or tattoos;
    (xv) photograph and fingerprints (optional);
    (xvi) notation of cash and all property;
    (xvii) initial classification and special needs;
    (xviii) an indication that the health and suicide screening was 
completed;
    (xix) name of legal representative if any; and
    (xx) name of booking officer.
    (11) Conducting research. All research conducted shall comply with 
federal and tribal regulations pertaining to conducting and 
disseminating research findings as well as professional and scientific 
ethics. The administrator, the Agency Superintendent and the Area 
Director shall approve all research prior to implementation. The 
administrator shall regulate voluntary inmate participation in 
research.
    (f) Citizen involvement and volunteers--(1) Volunteer coordinator. 
The administrator shall encourage citizen participation in volunteer 
programs by designating a staff member as volunteer coordinator.
    (2) Volunteer plan. The volunteer coordinator shall develop and 
implement a written plan for volunteer services. The volunteer 
coordinator and administrator shall update the plan as necessary and 
review it at least annually. The plan shall include:
    (i) lines of authority;
    (ii) responsibility and accountability for volunteer services;
    (iii) procedures for the screening and selection of volunteers;
    (iv) a volunteer orientation or training program, which is 
appropriate to the nature of the assignments;
    (v) a requirement that volunteers shall agree in writing to abide 
by all facility rules, policies, procedures and practices, particularly 
those related to security and confidentiality of information; and
    (vi) a statement that the administrator may discontinue a volunteer 
activity at any time by written notice.


 Sec. 10.12  Physical plant.

    (a) Code compliance--(1) Building and safety code compliance. If 
owned by the Bureau, the facility shall comply with 29 CFR Part 1910, 
Subparts D, E, G and L. If owned by a tribe, the facility shall comply 
with the National Fire Protection Association (NFPA) Life Safety Code 
101 Chapters 2, 4 through 7, and 14 (if new detention occupancy) or 15 
(if existing detention occupancy), or comparable tribal regulations.
    (2) Zoning. The facility shall comply with applicable zoning and 
land use requirements.
    (3) Accessibility. The facility shall comply with 25 U.S.C. 794 
(the Rehabilitation Act of 1973) as amended, 41 CFR 101-19.6 (Uniform 
Federal Accessibility Standards), and 43 CFR Part 17.
    (4) OSHA compliance. The facility shall comply with 29 CFR Part 
1910, Subparts C through E, G, K, L and S (Occupational Health and 
Safety Standards) or comparable tribal regulations. If other activities 
governed by sections of 29 CFR Part 1910 not identified in this 
standard are carried out in the facility, the section(s) of 29 CFR Part 
1910 governing that activity or comparable tribal regulations apply.
    (5) Health and safety inspection. In compliance with 29 CFR Part 
1960, Subparts B through D, the facility shall receive at least one 
inspection each year by a qualified safety and health inspector and 
Environmental Health Specialist and/or Sanitarian. Any request for 
inspection shall be directed to the Area Safety Manager or Officer 
through the Agency Superintendent.
    (6) Furnishings and equipment code compliance. The administrator 
shall maintain documentation by an independent, qualified source that 
the interior furnishing materials in inmate living areas, exit areas 
and places of public assembly shall be in accordance with NFPA Life 
Safety Code Section 6-5 or comparable tribal regulations.
    (b) Facility organization--(1) Design for supervision. Physical 
plant design shall facilitate continuous personal contact and 
interaction between staff and inmates.
    (2) Separation of adults and juveniles. If the adult facility 
temporarily holds juveniles for periods of less than twenty-four hours, 
it shall comply with 42 U.S.C. 223(a)(ii) (the Juvenile Justice and 
Delinquency Prevention Act of 1974) as amended and 28 CFR Part 31.
    (3) Separation of classifications. The facility shall be designed 
and constructed so that inmates can be separated according to the 
requirements identified in these standards and the facility's 
classification plan.
    (4) Separation of males and females. The facility shall provide for 
sight and sound separation of male and female inmates in their housing 
areas.
    (5) Supervision. All general population and special management 
living areas shall be constructed to facilitate continuous staff 
observation, excluding electronic surveillance, of cell or room fronts 
and activity areas, such as dayrooms and recreation spaces.
    (6) Continuously observable housing. The facility shall provide a 
minimum of two single occupancy cells that can be continuously observed 
by staff and which allow inmates to communicate with staff.
    (7) Rated capacity. The number of inmates shall not exceed the 
facility's rated capacity with the exception of mass arrests.
    (8) Location. The facility shall be located conveniently for 
criminal justice agencies, the health authority, community agencies and 
inmates' legal representatives, families and friends.
    (c) Environmental conditions--(1) Artificial light levels. Lighting 
levels in inmate cells or rooms shall be at least twenty footcandles at 
the desk and in the personal grooming areas. Lighting levels throughout 
the facility shall be appropriate to the tasks and activities carried 
out in its spaces. An independent, qualified source shall document 
lighting levels.
    (2) Noise levels. Noise levels shall not exceed seventy decibels in 
the daytime and forty-five decibels at night. An independent, qualified 
source shall document noise levels.
    (3) Indoor air quality. Air circulation shall be at least ten cubic 
feet of outside or recirculated filtered air per minute per occupant. 
An independent, qualified source shall document air circulation.
    (4) Use of tobacco. The administrator shall regulate the use of 
tobacco in the facility by staff, inmates and the public.
    (5) Heating and cooling. Temperatures shall be appropriate to the 
summer and winter comfort zones.
    (d) Security--(1) Control center. The facility shall maintain a 
secure control center, which has a system for immediate communication 
with the inmate living areas. The control center shall monitor and 
coordinate the facility's security, life safety and communications 
systems.
    (2) Perimeter security. The perimeter shall be secured in a way 
that inmates remain in the perimeter and that access by the general 
public is denied without proper authorization. There shall be security 
doors between inmate areas and areas to which the public has access.
    (3) Security equipment storage. The facility shall provide space 
for the secure storage of chemical agents, restraining devices and 
related security equipment. The equipment shall be located outside 
inmate living and activity areas in a place that is readily accessible 
to authorized persons only. The facility shall store firearms in a 
secure area or cabinet outside the security perimeter of the facility 
in a place that is accessible only to authorized persons.
    (4) Emergency exits. In compliance with 29 CFR 1910.37, designated 
exits in the facility shall permit prompt evacuation of inmates and 
staff members in an emergency. Facility exits shall be properly 
positioned, clear and distinctly and permanently marked.
    (5) Protective Holding Cells. Other than as indicated in the mass 
arrest policy, single and multiple occupancy protective holding cells 
shall hold no more than eight persons and shall be used only for the 
temporary holding of persons during the booking process for periods of 
up to eight hours. Each room or cell shall have, at a minimum:
    (i) sixty square feet of floor space;
    (ii) toilet facilities that are located above floor level, provide 
some degree of privacy and are available for use without staff 
assistance twenty-four hours a day;
    (iii) hot and cold running water; and
    (iv) a bed or fixed bench at or above floor level.
    (6) Emergency equipment. The facility shall have the equipment 
necessary to maintain essential lights, power, ventilation, power-
operated doors or locks and communication in an emergency.
    (7) Visual surveillance equipment. When visual electronic 
surveillance is used, it shall be located primarily in hallways, 
elevators, corridors, or at points on the security perimeter such as 
entrances and exits.
    (e) New facility planning process--(1) New facility planning 
requirement. All new construction, renovation and expansion projects 
shall follow the Planning of New Institutions (PONI) process as 
required by 25 CFR Part 296.
    (2) Safety management review. The design and specifications for all 
new construction, renovation and expansion projects shall be reviewed 
by the Bureau of Indian Affairs in compliance with 29 CFR 1960, 
Subparts B through D.
    (f) New construction, renovation and expansion--(1) Single 
occupancy requirements (general population). Only one inmate shall 
occupy each cell or detention room designed for single occupancy. All 
general population single rooms or cells shall have at least sixty 
square feet of floor space, provided inmates spend no more than ten 
hours per day locked in. When confinement exceeds ten hours per day, 
there shall be at least seventy square feet of floor space. In general 
population, each room or cell shall have, at a minimum:
    (i) natural light;
    (ii) toilet facilities with some degree of privacy that are located 
above floor level and are available for use without staff assistance 
twenty-four hours a day;
    (iii) a wash basin with hot and cold running water;
    (iv) access to showers; and
    (v) a bed above floor level, a desk or writing surface, safety-type 
hooks or closet space, and a chair or stool.
    (2) Single occupancy requirements (special management). Only one 
inmate shall occupy each cell or detention room designed for single 
occupancy. The facility shall provide single cell occupancy for special 
management classifications and other classifications as defined and 
justified in the PONI program. At least one special management cell 
shall be vented directly to the exterior. In special management, 
segregation rooms shall provide living conditions that approximate 
those of the general inmate population. All exceptions shall be clearly 
documented. Each special management room or cell shall have, at a 
minimum:
    (i) natural light;
    (ii) a minimum of seventy square feet of floor space;
    (iii) toilet facilities with some degree of privacy that are 
located above floor level and that are available for use without staff 
assistance twenty-four hours a day;
    (iv) access to showers;
    (v) hot and cold running water; and
    (vi) a bed at or above floor level, a desk or writing surface, and 
a stool.
    (3) Multiple occupancy requirements. Where used, multiple occupancy 
rooms or cells shall house inmates, who have been screened for 
suitability to group living and classified accordingly. The rooms shall 
provide:
    (i) continuous observation by staff;
    (ii) a minimum of fifty square feet of floor space per occupant in 
the sleeping area and a clear floor-to-ceiling height of not less than 
eight feet;
    (iii) natural light;
    (iv) a toilet(s) with some degree of privacy;
    (v) an operable wash basin(s) with hot and cold running water;
    (vi) access to showers; and
    (vii) beds above floor level and a locker or container for each 
occupant's belongings.
    (4) Space, furnishings and conditions for dayrooms. The facility 
shall provide separate dayroom space for each cellblock or detention 
room cluster. The dayroom shall provide:
    (i) natural light;
    (ii) a minimum of thirty-five square feet of space per inmate 
exclusive of lavatories;
    (iii) showers and toilets with some degree of privacy; and
    (iv) seating and writing surfaces, appropriate to the 
classification which uses this space, sufficient for the number of 
inmates who use the dayroom at one time.
    (5) Toilets. The facility shall provide operable toilets at a 
minimum ratio of one for every twelve inmates in male facilities and 
one for every eight inmates in female facilities. Urinals may be 
substituted for up to one-half of the toilets in male facilities. All 
housing units with three or more inmates shall have two toilets.
    (6) Wash basins. Inmates shall have access to operable wash basins 
with hot and cold running water in the housing units at a minimum ratio 
of one basin for every twelve occupants.
    (7) Showers. Inmates shall have access to operable showers with 
temperature-controlled hot and cold running water at a minimum of one 
shower for every eight inmates. Water for showers shall be 
thermostatically controlled to temperatures ranging from one hundred 
degrees to one hundred-twenty degrees Fahrenheit.
    (8) Housing for the disabled. Disabled inmates shall be housed in a 
manner that provides for their safety in compliance with 25 U.S.C. 794 
(the Rehabilitation Act of 1973) as amended, 41 CFR 101-19.6 (Uniform 
Federal Accessibility Standards), and 43 CFR Part 17, yet prevents 
their being discriminated against in their use of the facility.
    (9) Work or education release housing. Inmates who participate in 
work or education release programs shall be housed separately from 
inmates in the general population.
    (10) Exercise and recreation areas. The facility shall provide 
secure outdoor, covered or enclosed exercise areas. Outdoor exercise 
areas shall be a minimum of one thousand five hundred square feet of 
unencumbered space; covered and enclosed exercise areas shall provide a 
minimum of one thousand square feet of unencumbered space. Exercise 
areas shall be adequate in size and type to ensure that each inmate 
shall be offered at least one hour of access daily regardless of 
climatic conditions.
    (11) Multi-purpose and interview rooms. The facility shall provide 
a minimum of one accessible multi-purpose room and one accessible 
interview room.
    (12) Program area toilets. The facility shall provide toilets with 
some degree of privacy and wash basins, which are accessible to 
inmates, in or adjacent to activity areas.
    (13) Visiting spaces. The facility shall provide a secure visiting 
room and, when appropriate, space in which contact visiting can occur. 
The space shall facilitate staff observation of visiting. The facility 
shall provide secure space outside the security perimeter for the 
storage of visitors' personal items.
    (14) Food service spaces. When the facility provides for food 
preparation, it shall have adequate space for food processing, storage, 
refrigeration and sanitation. Toilet and wash basin facilities shall be 
available to food service personnel and inmates in the vicinity of the 
food preparation area. The square footage of the kitchen shall be 
appropriate to the needs of the facility. If dining occurs outside the 
dayroom, the facility shall provide a minimum of fifteen square feet 
per occupant.
    (15) Storage space. The facility shall provide the following 
storage spaces:
    (i) a secure, well-ventilated janitor closet, which includes sink 
and adequate space for the storage of cleaning implements and supplies;
    (ii) secure storage, located outside the secure area, for 
flammable, toxic and caustic items; and
    (iii) storage for inmate clothing, bedding, mattresses, personal 
hygiene items and facility supplies.
    (16) Laundry. The facility shall provide access to laundry services 
or laundry space and equipment.
    (17) Booking. The facility shall provide an intake/booking and 
release area which shall be located inside the security perimeter, but 
outside inmate living quarters. The booking area shall include:
    (i) an intake/booking work area;
    (ii) sallyport;
    (iii) access to operable toilets, with some degree of privacy, wash 
basins, drinking water and showers;
    (iv) space for alcohol and drug testing equipment;
    (v) space for inmate identification equipment;
    (vi) a secure, well-ventilated storage room for inmates' personal 
property;
    (vii) telephone(s), which can be used by inmates;
    (viii) private interview spaces;
    (ix) temporary holding rooms or waiting spaces with sufficient 
fixed seating for all inmates at their rated capacities; and
    (x) access to continuously observable protective holding cells for 
the safe holding of intoxicated individuals.
    (18) Medical examination room. The facility shall provide a space 
in which private medical examinations of inmates can occur. The space 
shall provide for private examination of patients, hand washing, 
storage of equipment used in the examination room and a work surface 
for health care personnel.
    (19) Staff toilets. The facility shall provide staff toilets that 
shall not be used by inmates inside the secure area of the facility.
    (20) Public spaces. The facility shall provide public restroom(s) 
and a public lobby with an adequate number of seats to accommodate 
anticipated visitors outside the secure perimeter.
    (21) Administration. The facility shall provide adequate space for 
its administrative functions. This space shall include an office for 
the administrator, work space for clerical staff, space for duplicating 
equipment, supply and equipment storage, space for storage of facility 
records and space for meetings.
    (22) Staff. The facility shall provide adequate space for staff 
assigned to work in the facility. These spaces shall include an area in 
which they can store personal property, change clothes and shower and 
an area in which training, meetings, briefings and breaks can occur.
    (23) Mechanical. The facility shall provide separate and adequate 
space for mechanical systems and equipment.
    (g) Existing construction--(1) Occupancy by one inmate. Only one 
inmate shall occupy each cell or detention room designed for single 
occupancy.
    (2) Single occupancy space requirements. All single rooms or cells 
shall have at least sixty square feet of floor space, provided inmates 
spend no more than ten hours per day locked in. When confinement 
exceeds ten hours per day, there shall be at least seventy square feet 
of floor space.
    (3) Multiple occupancy space requirements. Where used, multiple 
occupancy rooms or cells shall house inmates, who have been screened 
for suitability to and classified for group living. The rooms shall 
provide:
    (i) continuous observation by staff;
    (ii) a minimum of fifty square feet of floor space per occupant in 
the sleeping area and a clear floor-to-ceiling height of not less than 
eight feet;
    (iii) natural light;
    (iv) a toilet(s) with some degree of privacy;
    (v) an operable wash basin(s) with hot and cold running water;
    (vi) access to showers; and
    (vii) beds above floor level and a locker or container for each 
occupant's belongings.
    (4) Single occupancy furnishings and conditions (general 
population). Each room or cell shall have, at a minimum:
    (i) natural light;
    (ii) toilet facilities with some degree of privacy that are located 
above floor level and that are available for use without staff 
assistance twenty-four hours a day;
    (iii) a wash basin with hot and cold running water;
    (iv) access to showers; and
    (v) a bed above floor level, a desk or writing surface, safety-type 
hooks or closet space, and a chair or stool.
    (5) Single occupancy furnishings and conditions (special 
management). Segregation rooms shall provide living conditions that 
approximate those of the general inmate population; all exceptions 
shall be clearly documented. Each room or cell shall have, at a 
minimum:
    (i) natural light;
    (ii) a minimum of seventy square feet of floor space;
    (iii) toilet facilities with some degree of privacy that are 
located above floor level and are available for use without staff 
assistance twenty-four hours a day;
    (iv) access to showers;
    (v) hot and cold running water; and
    (vi) a bed at or above floor level, a desk or writing surface, and 
a stool.
    (6) Space, furnishings and conditions for dayrooms. The facility 
shall provide separate dayroom space. The dayroom shall provide:
    (i) a minimum of thirty-five square feet of space per inmate 
exclusive of lavatories;
    (ii) showers and toilets with some degree of privacy; and
    (iii) seating and writing surfaces, appropriate to the 
classification which uses this space, sufficient for the number of 
inmates who use the dayroom at one time.
    (7) Toilets. The facility shall provide operable toilets at a 
minimum ratio of one for every twelve inmates in male facilities and 
one for every eight inmates in female facilities. Urinals may be 
substituted for up to one-half of the toilets in male facilities. All 
housing units with three or more inmates shall have two toilets.
    (8) Wash basins. Inmates shall have access to operable wash basins 
with hot and cold running water in the housing units at a minimum ratio 
of one basin for every twelve occupants.
    (9) Showers. Inmates shall have access to operable showers with 
temperature-controlled hot and cold running water at a minimum of one 
shower for every eight inmates. Water for showers shall be controlled 
thermostatically to temperatures ranging from one hundred degrees to 
one hundred-twenty degrees Fahrenheit.
    (10) Housing for the disabled. Disabled inmates shall be housed in 
a manner that provides for their safety in compliance with 25 U.S.C. 
794 (the Rehabilitation Act of 1973) as amended, 41 CFR 101-19.6 
(Uniform Federal Accessibility Standards), and 43 CFR Part 17, yet 
prevents their being discriminated against in their use of the 
facility.
    (11) Work or education release housing. Inmates who participate in 
work or education release programs shall be housed separately from 
inmates in the general population.
    (12) Exercise and recreation. The facility shall provide secure 
outdoor, covered or enclosed exercise areas. Exercise areas shall be 
adequate in size and type to ensure that each inmate shall be offered 
at least one hour of access daily regardless of climatic conditions.
    (13) Program Spaces. The facility shall provide a minimum of one 
accessible multi-purpose room.
    (14) Visiting Spaces. The facility shall provide a visiting room, 
which allows staff to observe visiting.
    (15) Dining. If dining occurs outside the dayroom, the facility 
shall provide a minimum of fifteen square feet per occupant.
    (16) Food Service Spaces. When the facility provides for food 
preparation, it shall have adequate space for food processing, storage, 
refrigeration and sanitation. Toilet and wash basin facilities shall be 
available to food service personnel and inmates in the vicinity of the 
food preparation area. The square footage of the kitchen shall be 
appropriate to the needs of the facility.
    (17) Janitor closet. The facility shall provide a secure, well-
ventilated janitor closet, which includes sink and adequate space for 
the storage of cleaning implements and supplies.
    (18) Storage of toxic, flammable and caustic items. The facility 
shall provide secure storage, outside the secure area, for flammable, 
toxic and caustic items.
    (19) Clothing and supply storage. The facility shall provide 
storage space for inmate clothing, bedding, mattresses, personal 
hygiene items and facility supplies.
    (20) Laundry. The facility shall provide access to laundry services 
or laundry space and equipment.
    (21) Booking. The facility shall provide an intake/booking and 
release area which shall be located inside the security perimeter, but 
outside inmate living quarters. The booking area shall include:
    (i) an intake/booking work area;
    (ii) sallyport;
    (iii) access to operable toilets, wash basins, drinking water and 
showers;
    (iv) space for alcohol and drug testing equipment;
    (v) space for inmate identification equipment;
    (vi) a secure, well-ventilated storage room for inmates' personal 
property;
    (vii) telephone(s), which can be used by inmates;
    (viii) private interview spaces;
    (ix) temporary holding rooms or waiting spaces with sufficient 
fixed seating for all inmates at their rated capacities; and
    (x) access to continuously observable protective holding cells for 
the safe holding of intoxicated individuals.
    (22) Medical examination room. The facility shall provide a space 
in which private medical examinations of inmates can occur. The space 
shall provide for private examination of patients, hand washing, 
storage of equipment used in the examination room and a work surface 
for health care personnel.
    (23) Staff toilets. The facility shall provide staff toilets inside 
the secure area of the facility that inmates shall not use.
    (24) Public spaces. The facility shall provide public restroom(s) 
and a public lobby with an adequate number of seats to accommodate 
anticipated visitors outside the secure perimeter.
    (25) Administration. The facility shall provide adequate space for 
its administrative functions.
    (26) Staff. The facility shall provide adequate space for staff 
assigned to work in the facility.
    (27) Mechanical. The facility shall provide separate and adequate 
space for mechanical systems and equipment.


Sec. 10.13   Institutional operations.

    (a) Security and control.--(1) Perimeter access. All security 
perimeter entrances and control center doors shall be kept locked, 
except when used for supervised entry or exit of employees, inmates, or 
visitors and in emergencies.
    (2) Location of detention officer posts. Detention officer posts 
shall be located in or immediately adjacent to inmate living areas to 
permit officers to hear and respond promptly to emergency situations.
    (3) Full coverage of detention officer posts. Staff shall be 
provided for full, around-the clock coverage of designated security 
posts, full surveillance of inmates and performance of other detention 
functions.
    (4) Supervision of high security areas. A staff member shall enter 
a high security area only when another staff member is immediately 
available to provide assistance.
    (5) Supervision of coed activities. Facility staff shall supervise 
male and female inmates in coed activities and spaces continuously and 
directly.
    (6) Male and female staff requirement. When both males and females 
are housed in the facility, at least one male and female staff member 
shall be on duty at all times.
    (7) Prohibited supervision. No inmate or group of inmates shall be 
given control or authority over other inmates.
    (8) Cell checks. A detention officer personally shall observe high 
and medium security inmates at least every thirty minutes, but on an 
irregular schedule. The administrator shall require observation every 
fifteen minutes for inmates who are mentally disordered or who 
demonstrate unusual or bizarre behavior and continuous observation of 
suicidal inmates.
    (9) Counts. The facility shall have a system to physically count 
inmates that includes strict accountability for inmates assigned to 
work and education release and other approved temporary releases.
    (10) Movement. Detention staff shall regulate inmate movement.
    (11) Transportation of inmates. The administrator shall govern the 
safe and secure transportation of inmates outside the facility.
    (12) Use of vehicles. The administrator shall govern the use of 
departmental and personal vehicles for official purposes and shall 
prohibit the use of personal vehicles for transportation of inmates.
    (13) Shift activity log. The facility shall maintain a written 
record of the following:
    (i) personnel on duty;
    (ii) inmate population at the beginning and end of each shift;
    (iii) record of counts taken;
    (iv) shift activities;
    (v) entry and exit of professional and other visitors;
    (vi) unusual occurrences or incidents;
    (vii) hours of programs provided; and
    (viii) clothing and linen exchange.
    (14) Weekly inspection. The administrator or designee shall inspect 
all facility spaces and devices at least weekly to determine the status 
of all security items and the sanitary condition of the facility. The 
administrator or designee shall document the inspection and shall 
initiate corrective action if needed.
    (15) Monthly inspection. The administrator shall inspect all areas 
of the facility at least monthly to inventory security equipment to 
determine numbers, usefulness and expiration dates, to determine the 
status of all security and safety items, and to determine the sanitary 
condition of the facility. The administrator shall document the 
inspection and shall initiate corrective action if needed.
    (16) Fire safety inspection. A qualified fire protection specialist 
shall inspect the facility to test the fire suppression and detection 
system, equipment and facility training in compliance with 29 CFR 
1910.36(d), 1910.37(m), 1910.37(n), 1910.38, and 29 CFR 1960, Subpart 
D.
    (17) Use of restraints. Staff shall use instruments of restraint 
only as a precaution against escape during transfer, for medical 
reasons at the direction of the health authority, and as a prevention 
against inmate self-injury, injury to others or property damage. Staff 
shall apply restraints only with the approval of the administrator or 
designee and only for the amount of time that is absolutely necessary.
    (18) Security equipment issue. The administrator shall maintain a 
written record of routine and emergency distributions of security 
equipment.
    (19) Contraband control. The administrator shall provide for 
searches of facilities and inmates to control contraband and to provide 
for its disposition. When a new crime is suspected, the administrator 
shall be notified. The administrator shall maintain and make available 
to the appropriate authorities all evidence.
    (20) Body cavity and visual inspections. Manual or instrument 
inspection of inmate body cavities shall be conducted only by health 
care staff, when there is reason to do so, and when authorized by the 
administrator or designee. Trained staff shall conduct visual 
inspections of unclothed inmates only when there is a reasonable belief 
that the inmate is carrying contraband or other prohibited material. 
Medical personnel shall conduct all manual or instrument inspections in 
private. Trained staff of the same sex as the inmate shall conduct all 
visual inspections in private.
    (21) Key and tool control. The administrator shall govern the 
control, issuance, use and storage of keys, tools and culinary and 
medical equipment.
    (22) Use of force and firearms. The facility shall comply with 25 
CFR 11.304 with regard to the use of force, firearms, chemical agents, 
or any other weapon.
    (b) Safety and emergency procedures--(1) Fire prevention. The 
administrator shall govern the storage and use of all flammable, toxic 
and caustic materials, the use of non-combustible receptacles for 
smoking materials, the amount of personal items, including reading 
materials, which inmates may keep in their living units and the amount 
and location of items stored in the facility.
    (2) Preventive maintenance. The administrator or designee shall 
develop a written plan for preventive maintenance of the facility. The 
administrator shall review the plan annually and shall update it as 
needed. If tribally operated, the plan shall be supported by a 
Memorandum of Agreement between the tribe and the Agency.
    (3) Emergency system testing. In compliance with 29 CFR 1910.38, 
emergency power generators shall be inspected weekly and tested under 
load at intervals of not more than thirty days.
    (4) Evacuation plan. The administrator shall develop a written 
evacuation plan prepared in case of fire or major emergency. The plan 
shall comply with 29 CFR 1910.38 or comparable tribal code. The 
applicable Safety Officer or designee shall review and approve the plan 
initially and annually. The administrator shall update and reissue the 
plan if necessary. The plan shall include:
    (i) means of immediate release of inmates from locked areas;
    (ii) location of floor plans;
    (iii) use of exit signs and directional arrows for traffic flow;
    (iv) location of a publicly posted plan;
    (v) at least quarterly drills in all facility locations; and
    (vi) coordination with the fire department which services the 
facility.
    (5) Emergency plans. The administrator or designee shall develop 
written plans that specify procedures to be followed in emergency 
situations. The administrator shall make these plans available to 
applicable personnel and shall review and update them at least 
annually. All facility personnel shall be trained in the implementation 
of these plans. Emergency situations shall include, but not be limited 
to:
    (i) riots and disturbances;
    (ii) hunger strikes;
    (iii) hostage situations;
    (iv) work stoppages;
    (v) unattended deaths, including successful suicides;
    (vi) attempted suicides;
    (vii) escapes and unauthorized absences; and
    (viii) other threats to the security of the facility.
    (6) Incident reporting. The administrator shall require the 
immediate reporting of all incidents that result in physical harm to 
any person, threaten the safety of any person, result in the need for 
emergency care, result in damage to the facility or facility property, 
threaten the security of the facility, or involve the commission of a 
criminal offense. The administrator shall forward the reports to the 
Agency Superintendent through the appropriate chain of command.
    (7) Medical treatment (incident). The administrator or designee 
shall ensure that all persons injured in an incident receive an 
immediate medical examination and treatment.
    (8) Notification of family. The administrator shall provide for the 
notification of persons designated by the inmate in the event of 
serious illness, injury or death.
    (c) Rules and discipline--(1) Rules of conduct. The administrator 
shall develop written rules of inmate conduct that specify acts 
prohibited within the facility and penalties that may be imposed for 
various degrees of violations. The administrator or designee shall 
provide these rules to all inmates and shall ensure that all inmates 
understand them. All personnel who deal with inmates shall receive 
sufficient training prior to working in the facility to be thoroughly 
familiar with the rules of inmate conduct, the sanctions available and 
the rationale for the rules. The administrator shall review the written 
rules of inmate conduct annually and update them, if necessary, to 
ensure that they are consistent with constitutional and legal 
principles and BIA and tribal standards and codes.
    (2) Minor infractions. The administrator shall provide guidelines 
for the informal resolution of minor inmate misbehavior.
    (3) Grievance procedure. The administrator or designee shall make a 
written grievance procedure available to all inmates. The procedure 
shall include at least one level of appeal.
    (4) Criminal violations. In instances in which an inmate is alleged 
to have committed a crime, the administrator or designee shall refer 
the case to the appropriate law enforcement officials for possible 
prosecution.
    (5) Disciplinary reports. When rule violations require formal 
resolution, staff members shall prepare a disciplinary report and 
forward it to the administrator or designee. The disciplinary report 
shall include, but not be limited to:
    (i) specific rules violated;
    (ii) a formal statement of the charge(s);
    (iii) an explanation of the event, which shall include who was 
involved, what transpired and the time and location of the occurrence;
    (iv) unusual inmate behavior;
    (v) staff witnesses;
    (vi) disposition of any physical evidence;
    (vii) any immediate action taken, including the use of force;
    (viii) reporting staff member's signature; and
    (ix) date and time the report is made.
    (6) Disciplinary process. Inmates shall receive notification of the 
rules violated, a formal statement of the charge, a description of the 
incident and notice of the date and time of hearing. The administrator 
or designee shall advise inmates of their rights to be present at the 
hearing, to call witnesses on their behalf, to make a statement, to 
present documentary evidence, and to ask for assistance from staff in 
representing them at the hearing. An impartial person or panel of 
persons shall conduct the hearing.
    (7) Pre-hearing detention. The administrator shall provide for the 
pre-hearing segregation of inmates who are charged with a rule 
violation if the safety of the inmate, other inmates, staff or the 
security of the facility is at stake.
    (8) Disciplinary detention. The administrator or designee shall 
place inmates in disciplinary detention for a rule violation only after 
a hearing.
    (9) Record of disciplinary hearing. The persons conducting the 
disciplinary hearing shall make a written copy of the decision and its 
disposition and shall provide copies to the inmate and administrator 
for review. Inmates shall have the right to appeal the decision to the 
administrator or the next level of authority. The disciplinary report 
shall be removed from all files of inmates found not guilty of an 
alleged rule violation.
    (d) Special management and segregation--(1) Types. When special 
management units exist, the administrator shall govern the supervision 
of inmates in the following categories: administrative segregation, 
disciplinary segregation, protective custody and medical segregation.
    (2) Immediate segregation. The administrator or designee may order 
immediate segregation when it is necessary to protect the inmate or 
others. This action shall be reviewed within three working days by the 
classification, disciplinary or appropriate authority, depending on the 
type of segregation ordered.
    (3) Administrative segregation and protective custody. The 
administrator or designee shall classify inmates to special management 
for administrative segregation or protective custody only when there is 
documentation that this action is warranted and that no reasonable 
alternatives are available.
    (4) Medical/mental health segregation. The administrator shall 
classify inmates to special management for medical reasons only at the 
direction of the health authority.
    (5) Review of special management status and inmates. The 
administrator or designee shall review the status of special management 
inmates every five working days. A supervisor shall visit inmates in 
special management daily; program staff shall visit on request.
    (6) Release from special management. A review process shall be used 
to release an inmate from special management.
    (7) Supervision. A detention officer shall personally observe all 
special management inmates at least every fifteen minutes on an 
irregular schedule. A detention officer shall personally observe 
inmates who are violent, mentally disordered, have medical conditions 
requiring a higher degree of supervision, or who demonstrate unusual or 
bizarre behavior, more frequently. A detention officer shall 
continuously observe suicidal inmates. The facility shall maintain a 
permanent log of significant events and activities in the special 
management unit.
    (8) Special management operations. The administrator or designee 
shall give all inmates in special management the opportunity to shave 
and shower at least three times a week and to write and receive 
correspondence on the same basis as inmates in general population. The 
administrator or designee shall grant inmates in special management 
access to legal and reading materials, telephone access to their legal 
representative and to family members in emergencies as defined by the 
administrator or designee. Inmates in special management shall receive 
the same meals as inmates in general population and shall retain the 
right to practice their religion, subject only to the limitations 
necessary to maintain institutional order and security.
    (9) Privileges (all special management inmates). Unless there are 
substantial, documented reasons for withholding these privileges, the 
administrator or designee shall provide to all inmates in special 
management linen, clothing, bedding, barbering and hair care services 
on the same basis as inmates in general population. Inmates in special 
management shall be allowed opportunities for visiting, shall receive a 
minimum of one hour of exercise a day, outside their cells, five days a 
week, and shall be granted access to their legal representative.
    (10) Privileges (non-disciplinary detention). Unless there are 
substantial, documented reasons for withholding these privileges, all 
inmates in special management except for those in disciplinary 
detention shall have telephone privileges approved by the administrator 
and shall have access to the same type of programs and services as are 
available to inmates in general population.
    (11) Deprivation of activity or item. Whenever an inmate in special 
management is deprived of any usually authorized item or activity, the 
supervisor shall complete a report of the action and forward it to the 
administrator within one working day.
    (e) Inmate rights--(1) Access to courts, counsel and legal 
materials. Inmates shall have the right to have access to attorneys, 
legal representatives, the courts and legal materials and to address 
uncensored communications to governmental authorities.
    (2) Freedom from discrimination. Inmates shall have the right to be 
free from discrimination based on race, religion, national origin, 
tribal affiliation, sex, disability, political beliefs, favoritism or 
nepotism. Inmates shall have the right to equal access to programs and 
work assignments as provided in the classification program.
    (3) Equal access for women. Male and female inmates shall have the 
right to equal access to programs and services.
    (4) Right to communicate. Inmates shall have the right to receive 
visits and to communicate or correspond with persons or organizations, 
subject only to the limitations necessary to maintain order and 
security.
    (5) Protection from harm. Inmates shall have the right to 
protection from personal abuse, corporal punishment, personal injury, 
disease, property damage and harassment, by either staff or inmates.
    (6) Freedom of personal grooming. Inmates shall have the right to 
determine the length and style of scalp or facial hair, unless health 
and safety reasons exist.
    (7) Treatment. Inmates shall have the right to medical, dental, 
mental health and substance abuse treatment and rehabilitative services 
as directed by the health authority.
    (f) Booking--(1) Booking process. Written procedures for booking 
new inmates shall include, at a minimum:
    (i) verification of court commitment papers or other legal 
documentation for detention;
    (ii) complete search of the individual and possessions;
    (iii) inventory and storage of clothing and personal property;
    (iv) health screening, including tests for infectious diseases as 
required by the health authority;
    (v) emergency health assessment, as required by law, regulations or 
policies of the health authority;
    (vi) opportunity to make at least three local or collect long-
distance telephone calls;
    (vii) shower, hair care and treatment for ectoparasites if 
necessary;
    (viii) issue of clean clothing and personal hygiene items;
    (ix) completion of a booking form as required by these standards;
    (x) suicide screening;
    (xi) orientation, classification and assignment to a housing unit; 
and
    (xii) optional photographing and/or fingerprinting.
    (2) Mass arrests. Written plans shall govern temporary space 
arrangements and procedures to be followed in the event of a mass 
arrest that exceeds the maximum capacity of the facility. The 
administrator or designee shall update the plans as needed and review 
them at least annually.
    (3) Suicide screening. The administrator shall ensure that all 
inmates shall be screened for risk of suicide at the time of booking. 
When a risk is identified, detention staff shall make an emergency 
referral to the health authority for evaluation by a health care 
professional and shall monitor the inmate until the assessment has been 
completed.
    (4) Orientation. All newly admitted inmates shall receive written 
or oral information in the language they understand. The admitting 
officer shall document completion of orientation by a statement that 
shall be signed and dated by the inmates. The facility shall separate 
newly admitted inmates until completion of the orientation process. The 
orientation shall include, but is not limited to:
    (i) inmate rules of conduct and potential disciplinary actions that 
may be taken;
    (ii) programs and services available in the facility;
    (iii) procedures for accessing health care services; and
    (iv) inmate rights and privileges.
    (5) Personal property inventory. The admitting officer shall 
complete a written, itemized inventory of all personal property of 
newly admitted inmates and shall store securely all inmate property, 
including money and other valuables. The admitting officer shall give 
the inmate a receipt for all property held until release.
    (6) Regulation of inmate property. The administrator or designee 
shall identify personal property that inmates may receive or keep in 
their possession while in the facility, the sources from which these 
items may be obtained and how these items are received and inspected.
    (g) Classification--(1) Classification policy. The administrator or 
designee shall provide for inmate classification in terms of the 
custody level, housing assignment and program participation. The 
administrator shall review these policies and procedures annually and 
update them as necessary.
    (2) Classification plan. The administrator or designee shall 
develop a written classification plan, which includes, at a minimum:
    (i) criteria and procedures for determining and changing the status 
of an inmate relative to custody, transfer and major changes in program 
participation;
    (ii) an appeals process for classification decisions; and
    (iii) the separate management of the following categories of 
inmates: male and female, criminal and witnesses/civil, education and 
work release, special needs inmates (substance abusers, disabled, 
etc.), juveniles (if detained if held in this facility in accordance 
with standards) and special management (disciplinary segregation, 
administrative segregation, protective custody and medical 
segregation).
    (3) Prohibited segregations. The administrator shall prohibit the 
segregation of inmates by race, color, creed, tribal affiliation, 
national origin, political beliefs, nepotism, favoritism or other 
prohibited criteria.
    (h) Food service--(1) Food service records. At a minimum, the 
facility shall maintain records of the number of meals served to the 
inmate population, the expenditures for food supplies and menus 
(planned and as served).
    (2) Dietary allowances. The facility shall document that a 
registered dietician reviews dietary allowances at least annually to 
ensure compliance with nationally recommended food allowances. A diet 
manual, approved by a registered dietician, shall guide dietary 
allowances, including special diets.
    (3) Menu planning. The administrator or designee shall plan, date 
and make all menus available for review at least one week in advance. 
The administrator or designee shall make notations of any 
substitutions, which shall be of equal nutritional value, in the meals 
actually served. The administrator or designee shall consider Native 
American food preferences in menu planning. The administrator or 
designee shall direct that menu evaluations shall be conducted at least 
quarterly to verify adherence to the nationally recommended basic daily 
servings.
    (4) Medical special diets. The administrator or designee shall 
provide for special diets that are prescribed by appropriate medical or 
dental personnel.
    (5) Religious preference special diets. The administrator or 
designee shall provide for special diets for inmates whose beliefs 
require adherence to religious dietary laws.
    (6) Food and discipline. The administrator shall prohibit the use 
of food as a disciplinary measure.
    (7) Health protection. Food service facilities and equipment shall 
meet health and safety standards. Food service personnel and inmates 
working in the food service area shall comply with applicable health 
regulations. The administrator or designee shall document compliance 
with health and safety regulations, including but not limited to, a 
pre-assignment medical examination.
    (8) Inspections of food products. The appropriate government agency 
shall inspect and approve food products that are grown or produced 
within the system. The administrator or designee shall implement a 
distribution system that ensures prompt delivery of foodstuffs.
    (9) Inspection of food service area. The administrator or designee 
shall conduct a weekly inspection of all food service areas and 
equipment to ensure that they are sanitary, that all food storage areas 
are temperature controlled, and that food service personnel have made 
daily checks of refrigerator and water temperatures.
    (10) Meal service. The facility shall serve meals under the direct 
supervision of staff. The facility shall provide at least three meals, 
of which two shall be hot, served at regular meal times during each 
twenty-four hour period, with no more than fourteen hours between the 
evening meal and breakfast. Provided that basic nutritional goals are 
met, variations may be allowed based on weekend and holiday food 
service demands.
    (i) Sanitation and hygiene--(1) Water supply. The administrator 
shall maintain documentation that the entity which provides the 
facility's water source, supply, storage and distribution system meets 
the requirements of 42 U.S.C. 300g-6 (the Safe Drinking Water Act).
    (2) Sewage system. The administrator shall maintain documentation 
that entity which provides the facility's sewage system complies with 
33 U.S.C. 1251 et seq. (the Clean Water Act of 1977.
    (3) Sanitation plan. The administrator or designee, in cooperation 
with the BIA or tribal maintenance program, shall develop a written 
housekeeping plan for all areas of the physical plant. The 
administrator or designee shall update the plan as needed and review it 
at least annually. The plan shall provide for daily housekeeping and 
regular maintenance by assigning specific duties to staff, inmates and 
BIA or tribal Facility Maintenance. The plan shall require that:
    (i) facility floors be kept clean, dry and free of hazardous 
substances;
    (ii) a qualified person conduct monthly inspections to control 
vermin and pests;
    (iii) solid and liquid wastes be disposed of properly;
    (iv) clean, suitable and presentable clothing, bedding, linens and 
towels be issued to new inmates and exchanged on at least a weekly 
basis;
    (v) necessary cleaning and storage of inmate personal clothing be 
provided;
    (vi) articles needed for personal hygiene be furnished; and
    (vii) sufficient facilities in the housing areas to permit inmates 
to shower or bathe on admission to the facility and daily thereafter.
    (4) Special clothing issue. The facility shall provide for the 
issue of special, and where appropriate, protective clothing and 
equipment to inmates participating in special work assignments. Such 
clothing shall be available in quantities that permit exchange as 
frequently as the work assignment requires.
    (5) Hair care. The administrator or designee shall allow inmates to 
arrange for hair cutting services.
    (j) Health care--(1) Written health care plan. A written plan shall 
provide for the delivery of health care services, including medical, 
dental, mental health and substance abuse treatment, under the control 
of a designated health authority. The plan shall include the 
participation of the Indian Health Service (IHS), social services and 
tribal health care providers. A Memorandum of Agreement between the 
administrator and the Director of the appropriate Indian IHS Service 
Unit or IHS contract health care provider shall document the health 
care plan. When this authority is other than a physician, final medical 
judgment shall rest with a single responsible physician, designated by 
the appropriate health authority, who shall meet the applicable 
licensure requirements.
    (2) Health program coordinator. In facilities without full-time, 
qualified health personnel, a health-trained staff member shall 
coordinate the health care delivery system in the facility under the 
joint supervision of the responsible health authority and the 
administrator.
    (3) Annual review. The administrator and the health authority shall 
update the plan as needed, review it annually to determine program 
needs including staffing, equipment and supplies and document its 
review by signature and date.
    (4) Medical/mental health judgment. Medical, dental and mental 
health matters involving clinical judgements shall be the sole province 
of the responsible physician, dentist and/or psychiatrist or qualified 
psychologist.
    (5) Security regulations. Security regulations applicable to 
facility personnel shall apply to health personnel.
    (6) Meetings with provider . The health authority shall meet with 
the administrator or designee at least quarterly to review and evaluate 
the health care delivery system. The health authority shall provide an 
annual statistical report which documents the level and amount of 
health care services provided.
    (7) Review of health care policies. The health authority and the 
administrator shall review and approve all policies and procedures 
relative to the health care plan prior to submission of these policies 
to the Chief, Division of Law Enforcement. Policies and procedures 
shall be reviewed at least annually and documented by signature and 
date.
    (8) Health training program. The responsible health authority, in 
cooperation with the administrator, shall establish a health training 
program. The program shall provide instruction in the following areas:
    (i) appropriate procedures to prevent the spread of communicable 
diseases;
    (ii) the ability to respond to health-related situations within 
four minutes;
    (iii) recognition of signs, symptoms and actions required in 
potential emergency situations;
    (iv) recognition of chronic illness;
    (v) administration of first aid and cardiopulmonary resuscitation 
(CPR);
    (vi) methods of obtaining assistance from the health care provider;
    (vii) recognition of signs and symptoms of and management of 
inmates with mental illness, retardation, emotional disturbance, 
chemical dependency and suicidal behavior; and
    (viii) procedures for patient transfers to appropriate medical 
facilities or health care providers.
    (9) Sick call. The administrator or designee shall provide for the 
collection and referral of inmate requests for health care.The facility 
shall have a system of sick call in-house or at the health care 
facility. The system shall provide for referral of inmates by staff for 
medical or other behavioral health evaluation, i.e, mental health, 
substance abuse, suicide. Sick call shall be held no less than once per 
week.
    (10) Twenty-four-hour emergency care. The administrator and health 
authority shall develop a written plan for the provision of twenty-four 
hour emergency medical, dental and mental health care. The 
administrator and the health authority shall update the plan as needed 
and review it at least annually. At a minimum, the plan shall include:
    (i) emergency evacuation of the inmate from the facility;
    (ii) emergency evaluation of the inmate for medical or mental 
health problems;
    (iii) use of an emergency medical vehicle;
    (iv) use of one or more designated hospital, clinic, emergency on-
call physician, dentist, psychiatrist, qualified psychologist or 
otherwise qualified clinician; and
    (v) security procedures that provide for the immediate transfer of 
inmates when appropriate.
    (11) Health care treatment. Health care staff or health-trained 
detention staff shall perform treatment pursuant to written direct 
orders by personnel authorized by law to give such orders.
    (12) Medical/mental health management of inmates. Qualified health 
care personnel, in conjunction with detention staff, shall develop a 
written plan for the management of inmates with medical, mental health 
and substance abuse problems, including suicide risks.
    (13) Licensure requirements. The health authority shall comply with 
all applicable federal law, licensure requirements, rules, regulations 
and medical protocols in the delivery of health care services to the 
inmate population.
    (14) Traditional practitioners. The facility shall allow inmates to 
participate in or receive traditional healing ceremonies and to use 
traditional healing methods, limited only to the degree necessary to 
preserve institutional security and order.
    (15) Prohibited use of detainees. Inmates shall not perform direct 
patient services, schedule health care appointments, determine access 
of other inmates to health care services, access first aid kits, handle 
or have access to surgical instruments, syringes, needles, medications, 
or health records, or operate equipment for which they are not trained.
    (16) Management of medications. The administrator and health 
authority shall provide for the proper management of individual doses 
of medications kept in the facility. The administrator and health 
authority shall review the policy annually and update it as needed.
    (17) Administration of medications. The administrator or designee 
shall ensure that persons administering medications have received 
training appropriate to their assignment. Employees shall administer 
medications according to direct or physician orders and shall record 
the administration of medications in a manner and on a form approved by 
the responsible physician.
    (18) Preliminary health care screening. Health-trained staff shall 
perform medical screening of all inmates on arrival at the facility and 
record findings on a printed screening form approved by the health 
authority. The screening process shall include:
    (i) inquiry into:
    (A) current and chronic illness and health problems, including 
dental problems and suicidal thoughts;
    (B) sexually transmitted diseases and other infectious diseases;
    (C) medication taken and special health requirements;
    (D) use of alcohol and other drugs, which includes types of drugs 
used, mode of use, amount used, frequency used, date or time of last 
use and history of problems that may have occurred after ceasing use 
(e.g., convulsions);
    (E) past or present treatment or hospitalization for mental 
disturbance or suicide;
    (F) other health problems designated by the responsible physician; 
and
    (G) mental illness;
    (ii) observation of:
    (A) behavior, including state of consciousness, mental status, 
appearance, conduct, tremor or sweating; and
    (B) body deformities, trauma markings, bruises, lesions, jaundice 
and ease of movements; and
    (iii) disposition to:
    (A) housing in general population;
    (B) housing in general population and referral to appropriate heath 
care service or substance abuse treatment provider; and/or
    (C) referral to appropriate health care service on an emergency 
basis.
    (19) Health appraisal. The health authority shall provide a health 
appraisal for each inmate within seven days of admission. A health-
trained professional or otherwise qualified personnel shall collect 
health history and vital signs. Only qualified health care personnel 
shall collect other data. The health appraisal shall include:
    (i) review of the intake health screening and emergency medical 
assessment if performed;
    (ii) screening for diet counselling for medical reasons;
    (iii) collection of additional data to complete the medical, 
dental, psychiatric and immunization histories, with attention to 
elements that may indicate the presence of chronic disease, such as 
diabetes;
    (iv) recording of height, weight, pulse, blood pressure and 
temperature;
    (v) administration of laboratory and other tests and examinations 
as appropriate;
    (vi) notation of additional comments as needed; and
    (vii) initiation of therapy as appropriate.
    (20) Health examination. Qualified health care personnel shall 
complete a health examination for each inmate within thirty days of 
admission. The examination shall include:
    (i) a ``hands-on'' examination by an appropriately licensed health 
care professional;
    (ii) dental screening, hygiene and treatment when the health of the 
inmate would be adversely affected;
    (iii) mental health appraisal; and
    (iv) additional health care services as indicated by qualified 
health care personnel.
    (21) First aid kits. The administrator shall ensure that first aid 
kits are available in designated areas of the facility as determined by 
the Safety Officer during the annual inspection. The health care 
provider shall determine the appropriate content of first aid kits.
    (22) Special medical/mental health programs. The health authority 
shall provide specialized health education and treatment programs, 
including, but not limited to, personal hygiene, diet and exercise, 
family planning, communicable diseases, including sexually transmitted 
diseases and substance abuse education, prevention, intervention and 
treatment.
    (23) Serious and infectious disease. The administrator and health 
authority shall develop a written plan for the management of inmates 
with serious and infectious disease. The administrator and health 
authority shall update the plan as needed and review it at least 
annually. The plan shall include, at a minimum:
    (i) precautions taken to prevent the spread of disease;
    (ii) special needs or requirements of the inmate;
    (iii) procedures for treatment, limiting activities, if 
appropriate, legally mandated reporting and medical pass-on as directed 
by the health authority; and
    (iv) housing location.
    (24) Detoxification. The administrator and health authority shall 
develop a written plan to guide the clinical management of chemically 
dependent inmates. The plan shall specify the process for involving the 
health authority and the substance abuse program on both a continuing 
and crisis-intervention basis. The plan shall include:
    (i) assessment as warranted;
    (ii) detoxification under clinically supervised conditions;
    (iii) diagnosis of chemical dependency;
    (iv) determination as to whether an individual requires non-
pharmacologically or pharmacologically supported care; and
    (v) referrals to specified community resources for the development 
of individual treatment plans by a multi-disciplinary team.
    (25) Substance abuse programming. The administrator and health 
authority shall develop a written plan to provide substance abuse 
education, intervention, assessment and treatment to inmates who are 
diagnosed as substance abusers. The administrator, health authority and 
substance abuse program provider shall update the plan as needed and 
review it at least annually. The plan shall link existing community 
programs and services to the facility program. The plan shall include, 
at a minimum:
    (i) assessment and evaluation;
    (ii) referral for treatment, if requested or court-ordered; and
    (iii) availability of appropriate self-help groups.
    (26) Informed consent. The health authority shall observe informed 
consent standards of the community for all inmate care, examinations, 
treatments and procedures affected by informed consent. In the case of 
minors, the informed consent of a parent, guardian or legal custodian 
shall apply when required by law. Health care shall be rendered against 
an inmate's will only in accordance with law.
    (27) Participation in research. The health authority shall prohibit 
the use of inmates for medical, pharmaceutical, or cosmetic 
experiments. This standard shall not preclude individual treatment of 
an inmate based on need for a specific medical procedure that is not 
generally available.
    (28) Confidentiality of health records. In compliance with 5 U.S.C. 
552(a) (the Privacy Act of 1974) as amended and 42 CFR Part 2 
(Regulations on Confidentiality of Alcohol and Drug Abuse Patient 
Records), the health authority shall keep the health record 
confidential. The health authority shall require that, at a minimum:
    (i) the active health record shall be maintained separately from 
the confinement record;
    (ii) access to the health record shall be controlled by the health 
authority; and
    (iii) the health authority shall share with the administrator or 
designee information regarding an inmate's medical management, security 
and the ability to participate in programs.
    (29) Medical record contents. The health authority shall approve 
the method of recording entries in the record and the form and format 
of the record. An inmate's medical/mental health record shall contain:
    (i) copies of the completed intake screening form;
    (ii) the health appraisal data collection form;
    (iii) prescribed medications and their administration;
    (iv) laboratory, x-ray and diagnostic studies;
    (v) the signature and title of each documenter;
    (vi) consent and refusal forms;
    (vii) release of information forms;
    (viii) place, date and time of health encounters;
    (ix) discharge summary of hospitalization (if applicable); and
    (x) health service reports (e.g., dental, psychiatric and other 
consultations).
    (30) Transfer of health information and records. Summaries or 
copies of the health record shall be sent routinely to the health 
authority of any facility to which the inmate is transferred. The 
inmate shall authorize, in writing, the transfer of health records and 
information, unless otherwise provided by law or administrative 
regulation having the force and effect of law.
    (k) Release--(1) Court programs. The facility shall cooperate with 
and assist in coordinating court intervention and diversion programs, 
pretrial release and probation services.
    (2) Temporary release. Temporary release programs shall include:
    (i) provision for release for funerals and ritual or ceremonial 
purposes;
    (ii) sanction by the appropriate court;
    (iii) operating, screening and selection procedures;
    (iv) written rules of inmate conduct;
    (v) a requirement for supervision of inmates while on release;
    (vi) a record-keeping system that documents dates, times and 
authorization for release;
    (vii) a system to evaluate program effectiveness; and
    (viii) efforts to obtain community cooperation and support.
    (3) Work or education release. The administrator or designee shall 
allow inmates in this classification to participate in work or 
education release programs. The appropriate court shall sanction 
education and work release.
    (4) Final release. Written procedures for final release of inmates 
shall include, but shall not be limited to:
    (i) verification of identity and release authority;
    (ii) completion of release arrangements, including person or agency 
to whom the inmate is to be released, if applicable;
    (iii) verification that all inmate property leaves with the inmate 
and that no facility property leaves the facility;
    (iv) completion of any pending action, such as grievances or claims 
for damages or lost possessions;
    (v) transfer of health information if appropriate; and
    (vi) transportation arrangements, if required.
    (5) Sentence reduction. Where tribal code permits, the 
administrator or designee shall allow sentence reduction based on 
evidence of good behavior.
    (6) Detainers. The presence of a detainer shall not automatically 
prevent the release of an inmate from the detention facility.


Sec. 10.14  Inmate programs and services.

    (a) Program coordination--(1) Availability of programs. The 
facility shall make available inmate programs and services. These 
programs shall include, but not be limited to, social services, 
religious services, including traditional religious practices and 
ceremonies, recreation and leisure time activities, counseling, 
including crisis intervention, library services, education programs and 
substance abuse programming. The administrator or designee shall link 
facility programs and services to existing community resources.
    (2) Program participation and refusal. Inmates shall have the 
option to refuse to participate in facility programs, except 
housekeeping assignments and court-ordered programs. The administrator 
or designee shall document program participation and refusal in 
writing.
    (3) Program coordinator. A facility staff member or trained 
volunteer shall coordinate inmate programs and services.
    (b) Work programs--(1) Work assignments. The administrator or 
designee shall develop a written inmate work plan that provides for 
work assignments for inmates including the disabled. Work may include 
facility maintenance duties and community service projects. The 
administrator shall prohibit discrimination in inmate work assignments 
based on race, creed, gender, age, marital status, disability or tribal 
affiliation. The administrator shall not require pretrial and 
unsentenced detainees to work except to perform personal housekeeping. 
Any inmate may volunteer for work assignments or institutional 
programs.
    (2) Regulation of work programs. Facility inmate work programs 
shall comply with applicable federal regulations.
    (c) Recreation, library and religious programming--(1) 
Comprehensive recreation program. The administrator or designee shall 
permit inmates to have at least one hour a day of leisure time activity 
outside the cell or room and access to active recreation activities and 
equipment, including one hour daily of physical exercise, outside the 
living unit.
    (2) Library. The administrator or designee shall develop a written 
plan to provide reading materials to inmates. The plan shall include 
the location where reading materials are kept, the process by which 
inmates obtain and return these materials and designation of the staff 
member or trained volunteer who is responsible for library services. 
The administrator shall update the plan as needed and review it 
annually.
    (3) Religious programs. Inmates shall have the right to practice 
their religion, subject only to the limitations necessary to maintain 
institutional order and security.
    (d) Correspondence and telephone--(1) Regulation of correspondence. 
The administrator shall regulate inmate correspondence and shall make 
this policy available to all staff and inmates. The administrator shall 
review this policy annually and update it as needed.
    (2) Limitations on inmate correspondence. The administrator shall 
not limit the volume of lawful correspondence (e.g., letters, packages 
and publications) an inmate may send or receive and shall not restrict 
the length, language, content or source of the correspondence, except 
where there is clear and convincing evidence to justify the limitations 
for reasons of public safety, facility order, or security.
    (3) Indigents' correspondence. The administrator or designee shall 
provide indigent inmates with a system that enables them to send a 
minimum of two letters per week.
    (4) Inspection of letters and packages. The administrator or 
designee may open inmate letters and packages, both in-coming and out-
going, to inspect them for contraband. The administrator or designee 
shall not read or reject letters or packages except where there is 
reliable information that there is a threat to order and security or 
that they are being used to further illegal activities. The 
administrator or designee shall notify inmates when in-coming or out-
going letters are rejected. The administrator or designee shall deposit 
any cash, checks, or money orders in the inmate's account and shall 
issue a receipt to both the inmate and the sender. The administrator or 
designee shall forward any contraband found to the appropriate law 
enforcement authority. The supervisor shall forward all mail within 
twenty-four hours of receipt except for Saturdays, Sundays and 
holidays. Inmates shall be prohibited from carrying money.
    (5) Privileged correspondence. The administrator shall permit 
inmates to send sealed letters to specified groups of persons and 
organizations including, but not limited to, courts, including 
probation staff, counsel, officials of the confining authority, 
administrators of grievance systems and the media. Mail to inmates from 
this specified class of persons and organizations shall be opened only 
to inspect for contraband and only in the presence of the inmate.
    (6) Holding and forwarding mail. The administrator or designee 
shall forward or return first-class letters and packages for inmates 
after their transfer or release.
    (7) Telephone. The administrator or designee shall provide for 
inmate access to telephones.
    (e) Visiting--(1) Visiting rules. The administrator shall establish 
rules for inmate visiting.
    (2) Number of visitors. The administrator or designee shall limit 
the number of visitors an inmate may receive and the length of the 
visits only to the degree necessary in terms of facility schedules, 
space and personnel constraints except where there are substantial 
reasons to justify such limitations.
    (3) Sobriety statement. Facility visitors and volunteers shall sign 
a sobriety statement. The statement shall stipulate that:
    (i) they are not under the influence of alcohol or illegal mood-
altering substances;
    (ii) they are not carrying such substances on their person or in 
their belongings; and
    (iii) they consent to a breath test or non-invasive search as a 
condition of entry, if there is probable cause.
    (4) Searches (visiting). The administrator or designee shall 
provide clear instructions to staff and inmates concerning inmate and 
visitor search procedures and the approval required for visual 
observations of unclothed inmates.
    (5) Special visits. The administrator or designee shall provide for 
special visits from persons who have travelled long distances, to 
hospitalized inmates and to inmates in disciplinary status.
    (6) Visitor personal property. Visitors shall not bring personal 
property into the secure area of the facility.
    (7) Visitor registration. The administrator or designee shall 
provide for visitor registration and identification on entry into the 
facility.

Subpart C--Juvenile Detention Facilities


Sec. 10.21  Administration and management.

    (a) General administration--(1) Mission and goals. A written 
statement, which shall be updated as necessary, shall describe the 
philosophy, goals and policies of the facility and its relationship to 
the juvenile justice system.
    (2) Administration of facility. An administrator, whose 
responsibility and authority shall be documented, shall oversee each 
facility. The appointment shall be based on written qualifications.
    (3) Organization chart. An organization chart shall describe the 
facility's organization and chain of command. The chart shall be 
updated as needed.
    (4) Service provider roles. A Memorandum of Agreement (MOA), which 
shall be updated as needed and reviewed at least annually, shall define 
the role and function of employees of public or private agencies 
providing a service to the facility. The MOA shall specify the relation 
of service providers to the authority and responsibility of the 
administrator.
    (5) Interagency meetings. The administrator shall conduct regular 
meetings between the staff of juvenile justice, youth services, 
education, health care, emergency shelter and detention agencies to 
develop and maintain effective interagency coordination.
    (6) Policy and procedure manual. All employees of the facility 
shall have access to a policy and procedure manual and its supporting 
documents. The Chief, Division of Law Enforcement, shall approve the 
manual and its supporting documents, which shall provide for the 
implementation of these standards and shall direct documentation of 
compliance. The administrator shall update the manual as needed and 
review it annually.
    (7) Dissemination of policy and procedure. The administrator shall 
disseminate approved, new, or revised policies and procedures to 
designated staff, volunteers and, where appropriate, juveniles prior to 
implementation. Staff shall review and indicate in writing that they 
understand the content of policies and procedures prior to their 
implementation.
    (8) Channels of communication. The administrator or designee shall 
regularly disseminate information to staff prior to the beginning of 
their shift.
    (9) Monitoring and assessment. The Agency Superintendent or 
designee shall review and inspect operations and programs at least 
annually.
    (10) Annual report. The administrator shall submit a written annual 
report to the Chief, Division of Law Enforcement, through the Area 
Director and Agency Superintendent, and shall forward a copy to the 
appropriate court and health care authority. The report shall address 
goals, objectives, population data, programs and services provided, 
budget, space and equipment needs and major developments.
    (11) Public information program. The administrator or designee 
shall provide for a public information program, which protects the 
juveniles' right to privacy.
    (12) Legal counsel. Legal counsel shall be available to the 
administrator and other staff as needed in the performance of their 
duties.
    (13) Separation of adults and juveniles. If services for adult and 
juvenile offenders are provided by the same agency, statements of 
philosophy, policy, program and procedure shall distinguish between 
criminal codes and the statutes that establish and give direction to 
programs for juveniles.
    (14) Prohibited uses of detention. The facility shall not detain 
abused, dependent or neglected children, juveniles charged with 
offenses that would not be crimes if committed by adults and juveniles 
charged with delinquencies unless it is clearly shown that secure 
placement is essential.
    (15) Jurisdictional agreements. The administrator shall cooperate 
with the proper authority in the placement and/or return of juveniles 
to the requesting jurisdiction, pursuant to the provisions of any 
jurisdictional agreements.
    (b) Fiscal management--(1) Budgetary compliance. If operated by the 
BIA, the facility shall comply with the directives of the Agency 
regarding budget preparation, submission, and administration. If 
operated by a tribe, the facility shall comply with the directives of 
the tribe regarding budget preparation, submission, and administration.
    (2) Accounting compliance. If operated by the BIA, the facility 
shall comply with the Agency accounting directives. If operated by a 
Tribe, the facility shall comply with Tribal accounting directives.
    (3) Basis of budget. The administrator shall document a direct 
relationship between the budget and planned operational, staffing and 
program needs.
    (4) Property management compliance. If operated by the BIA, the 
facility shall comply with Agency property management directives. If 
operated by a Tribe, the facility shall comply with Tribal property 
management directives.
    (5) Federal acquisition regulation compliance. If operated by the 
BIA, the facility shall comply with Agency directives for facility 
services, equipment and supply purchases. If operated by a tribe, the 
facility shall comply with tribal directives for facility services, 
equipment and supply purchases.
    (6) Space and equipment needs and deficiencies. The administrator 
shall report space and equipment needs and deficiencies annually to the 
Area Director through the Agency Superintendent.
    (7) Program needs and deficiencies. The administrator shall report 
program needs and deficiencies, i.e., staffing, supplies, training and 
contract services, annually to the Chief, Division of Law Enforcement, 
through the Area Director and Agency Superintendent.
    (8) Cost of juvenile board. The facility shall charge all contract 
users at the same rate.
    (9) Fund accounts. The administrator shall arrange for an 
independent audit of juvenile fund accounts, including canteen or 
commissary, following standard accounting practices. The administrator 
shall use any profit or interest which accrues for the benefit of the 
juveniles.
    (c) Personnel--(1) Personnel policy. If operated by the BIA, the 
facility shall comply with Agency personnel management directives. If 
operated by a Tribe, the facility shall comply with Tribal personnel 
management directives.
    (2) Personnel manual. The administrator shall make a copy of the 
applicable personnel manuals and regulations available to every 
employee.
    (3) Staffing requirements. The administrator shall review employee 
workload annually to ensure that juveniles have access to staff, 
programs and services. The administrator shall develop and update the 
facility's shift relief factor annually.
    (4) Criminal record check. The administrator or designee shall 
conduct a criminal record check of all new employees, in accordance 
with the Indian Child Protection and Family Violence Prevention Act of 
1990 (25 U.S.C. 3201), prior to employment to determine if there are 
criminal convictions that have a specific relationship to job 
performance.
    (5) Physical examination. All employees who have direct contact 
with juveniles shall have a pre-employment physical examination. There 
shall be provisions for re-examination.
    (6) Physical fitness. Juvenile detention workers shall meet BIA or 
comparable tribal standards for physical fitness.
    (7) Code of ethics. The facility shall have a written Code of 
Ethics that outlines the professional standards expected of all 
employees and recognizes that detention personnel may be held to a 
higher behavioral standard because of the nature of their duties.
    (8) Confidentiality. Consultants, contract personnel, employees of 
other public and private agencies and volunteers who work with 
juveniles shall agree to comply with the facility's policies on 
confidentiality of information.
    (d) Training and staff development--(1) Management of training 
programs. A qualified employee, who has received training in training 
delivery methods, shall plan, coordinate and supervise employee and 
volunteer training programs. The administrator shall identify, evaluate 
and update job-related training needs annually.
    (2) Training curriculum approval. The Chief, Division of Law 
Enforcement, in conjunction with the Indian Police Academy, shall 
approve training programs and curriculum required by these standards.
    (3) Outside resources. The facility shall support the integration 
of IHS-approved and other training with the approval of the 
administrator.
    (4) Education and training. The administrator shall encourage 
employees to continue their education and training.
    (5) Cultural awareness. Orientation training shall include a 
component on cultural issues relative to the local tribe(s).
    (6) Juvenile detention worker orientation training. All new full or 
part-time juvenile detention workers shall receive the number of hours 
of orientation training recommended by the Chief, Division of Law 
Enforcement, during their first year of employment. Employees shall 
complete forty of these hours prior to being independently assigned to 
work in the facility.
    (7) Juvenile detention worker in-service training. All full or 
part-time juvenile detention workers shall receive an additional forty 
hours of job-relevant training each subsequent year of employment.
    (8) Clerical and support staff orientation training. All new 
clerical and support staff who have minimal juvenile contact shall 
receive the number of hours of orientation and training recommended by 
the Chief, Division of Law Enforcement, within their first year of 
employment.
    (9) Clerical and support staff in-service training. All clerical 
and support staff shall receive an additional sixteen hours of job-
relevant training each subsequent year of employment.
    (10) Administrative and managerial staff orientation training. New 
administrative and managerial staff shall receive at least the number 
of hours of training recommended by the Chief, Division of Law 
Enforcement, within their first year of employment in this position.
    (11) Administrative and managerial staff in-service training. 
Administrative and managerial staff shall receive at least twenty-four 
hours of job-relevant training each subsequent year of employment.
    (12) Specialized training. At least one juvenile detention worker 
per shift shall receive specialized training in the management of 
juveniles with health and behavioral problems, including substance 
abuse and suicide. At least one juvenile detention worker per shift 
shall be certified as an emergency medical technician. All detention 
staff who have contact with juveniles shall receive training in 
advanced first aid and CPR. The health authority shall identify health-
related training needs.
    (e) Facility records--(1) Compliance. The facility shall comply 
with 5 U.S.C. 552 (the Freedom of Information Act), 5 U.S.C. 552(a) 
(the Privacy Act of 1974), as amended, 43 CFR 2.79(a), or comparable 
tribal regulations.
    (2) Records management. The facility shall have a system for the 
management, dis semination, retrieval, storage, archiving and (when 
appropriate) destruction of information and detention records.
    (3) Law enforcement sensitive information. Law enforcement 
sensitive records and information shall be marked privileged. The 
administrator or designee shall keep these records in a locked cabi net 
or file room.
    (4) Release of information and consent. Juveniles shall sign a 
Release of Information Consent Form in compliance with 5 U.S.C. 552(a) 
(the Privacy Act of 1974) as amended prior to the release of privileged 
information. The administrator or designee shall keep a copy of the 
signed release in the juvenile's record.
    (5) Separation of record contents. The administrator or designee 
shall identify and separate contents of juvenile records according to 
an established format which, at a minimum, shall separate privileged 
from public information and juvenile records from those of adult 
offenders.
    (6) Access to information. The administrator shall define clearly 
personnel who have access to juvenile records.
    (7) Daily report. The administrator or designee shall maintain a 
daily report and provide a copy of it to the appropriate court(s). The 
daily report shall identify:
    (i) the names of juveniles in custody, including juveniles on 
temporary release or in other locations;
    (ii) names of juveniles admitted and released;
    (iii) the legal status of each juvenile; and
    (iv) the number of days each juvenile has been in custody.
    (8) Identification and location record. The facility shall maintain 
a system that identifies all juveniles in custody and their actual 
physical location.
    (9) Custody record. The facility shall maintain custody records of 
all juveniles held at the facility. The record shall include only 
relevant and necessary information and shall be limited to:
    (i) initial admission form;
    (ii) documented legal authority to detain the juvenile;
    (iii) health and suicide screening forms;
    (iv) dates of court appearances;
    (v) signed release of information forms;
    (vi) an on-going record of cash and valuables;
    (vii) dates and times of temporary releases;
    (viii) names of visitors and dates of visits;
    (ix) facility rules and disciplinary policy signed by the juvenile;
    (x) classification interview and subsequent classification actions;
    (xi) reports of major disciplinary actions, significant incidents 
or crimes committed while in custody;
    (xii) records of program participation, including temporary release 
programs; and
    (xiii) final release or transfer report.
    (10) Admission information. The administrator or designee shall 
record intake admission information for every juvenile admitted to the 
facility. The record shall include at least the following data:
    (i) booking number;
    (ii) name and known aliases;
    (iii) current or last known address;
    (iv) date and time of confinement;
    (v) a copy of the court order or other legal basis for detention;
    (vi) name, title, agency and signature of arresting officer;
    (vii) name of parent, guardian or legal custodian;
    (viii) charge or charges;
    (ix) date and place of birth;
    (x) ethnic origin or tribal affiliation;
    (xi) present or last place of employment;
    (xii) emergency contact name, relationship, address and phone 
number;
    (xiii) record of telephone calls made by juvenile at time of 
admission;
    (xiv) driver's license and social security number;
    (xv) identifying information, including height, weight, gender and 
identifying marks such as birthmarks, scars or tattoos;
    (xvi) notation of cash and all property;
    (xvii) initial classification and special needs;
    (xviii) an indication that the health and suicide screening was 
completed;
    (xix) name of legal representative if any; and
    (xx) name of admitting officer.
    (11) Conducting research. All research conducted shall comply with 
federal and tribal regulations pertaining to conducting and 
disseminating research findings as well as professional and scientific 
ethics. The administrator, the Agency Superintendent and the Area 
Director shall approve all research prior to implementation. The 
administrator shall regulate voluntary juvenile participation in 
research.
    (f) Citizen involvement and volunteers--(1) Volunteer coordinator. 
The administrator shall encourage citizen participation in volunteer 
programs by designating a staff member as volunteer coordinator.
    (2) Volunteer plan. The volunteer coordinator shall develop and 
implement a written plan for volunteer services. The volunteer 
coordinator and administrator shall update the plan as necessary and 
review it at least annually. The plan shall include:
    (i) lines of authority;
    (ii) responsibility and accountability for volunteer services;
    (iii) procedures for the screening and selection of volunteers;
    (iv) a volunteer orientation or training program, which is 
appropriate to the nature of the assignments;
    (v) a requirement that volunteers shall agree in writing to abide 
by all facility rules, policies, procedures and practices, particularly 
those related to security and confidentiality of information; and
    (vi) a statement that the administrator may discontinue a volunteer 
activity at any time by written notice.


Sec. 10.22  Physical plant.

    (a) Code compliance--(1) Building and safety code compliance. If 
owned by the Bureau, the facility shall comply with 29 CFR Part 1910, 
Subparts D, E, G and L. If owned by a tribe, the facility shall comply 
with the National Fire Protection Association (NFPA) Life Safety Code 
101 Chapters 2, 4 through 7, and 14 (if new detention occupancy) or 15 
(if existing detention occupancy), or comparable tribal regulations.
    (2) Zoning. The facility shall comply with applicable zoning and 
land use requirements.
    (3) Accessibility. The facility shall comply with 25 U.S.C. 794 
(the Rehabilitation Act of 1973) as amended, 41 CFR 101-19.6 (Uniform 
Federal Accessibility Standards), and 43 CFR Part 17.
    (4) OSHA compliance. The facility shall comply with 29 CFR Part 
1910, Subparts C through E, G, K, L and S (Occupational Health and 
Safety Standards) or comparable tribal regulations. If other activities 
governed by sections of 29 CFR Part 1910 not identified in this 
standard are carried out in the facility, the section(s) of 29 CFR Part 
1910 governing that activity or comparable tribal regulations apply.
    (5) Health and safety inspection. In compliance with 29 CFR Part 
1960, Subparts B through D, the facility shall receive at least one 
inspection each year by a qualified safety and health inspector and 
Environmental Health Specialist and/or Sanitarian. Any request for 
inspection shall be directed to the Area Safety Manager or Officer 
through the Agency Superintendent.
    (6) Furnishings and equipment code compliance. The administrator 
shall maintain documentation by an independent, qualified source that 
the interior furnishing materials in inmate living areas, exit areas 
and places of public assembly shall be in accordance with NFPA Life 
Safety Code Section 6-5 or comparable tribal regulations.
    (b) Facility organization--(1) Design for supervision. Physical 
plant design shall facilitate continuous personal contact and 
interaction between staff and juveniles.
    (2) Unit size. The detention facility shall operate with living 
units of no more than twenty-five juveniles each.
    (3) Co-located adult and juvenile facility. If the juvenile 
facility is on the grounds of any other type of detention facility, it 
shall be a separate, self-contained unit. The facility shall comply 
with the separation criteria of 49 CFR Parts 2054 through 2055, which 
require:
    (i) separation between spatial areas so that there could be no 
accidental contact between juveniles and adults in their respective 
facilities;
    (ii) total separation in all juvenile and adult program activities 
within facilities, including recreation, education, counseling, health 
care, dining, sleeping and general living activities;
    (iii) separate juvenile and adult staff, including management, 
security and direct care staff, such as recreation, education and 
counseling. Specialized services staff, such as cooks, bookkeepers and 
medical professionals who are not normally in contact with detainees or 
whose infrequent contacts occur under conditions of separation of 
juvenile and adults, can serve both.
    (iv) compliance with BIA standards and BIA accreditation.
    (4) Separation of classifications. The facility shall be designed 
and constructed so that juveniles can be separated according to the 
requirements identified in these standards and the facility's 
classification plan.
    (5) Separation of males and females. Male and female juveniles 
shall not share the same sleeping room.
    (6) Supervision. All living areas shall be constructed to 
facilitate continuous staff observation, excluding electronic 
surveillance, of living and activity areas, such as dayrooms and 
recreation spaces.
    (7) Continuously observable housing. The facility shall provide a 
minimum of two single occupancy cells that can be continuously observed 
by staff and which allow juveniles to communicate with staff.
    (8) Rated capacity. The number of juveniles shall not exceed the 
facility's rated capacity with the exception of mass arrests.
    (9) Location. The facility shall be located conveniently for 
juvenile justice agencies, the health authority, community agencies and 
juveniles' legal representatives, families and friends.
    (c) Environmental conditions--(1) Artificial light levels. Lighting 
levels in juvenile cells or rooms shall be at least twenty footcandles 
at the desk and in the personal grooming areas. Lighting levels 
throughout the facility shall be appropriate to the tasks and 
activities carried out in its spaces. An independent, qualified source 
shall document lighting levels.
    (2) Noise levels. Noise levels shall not exceed seventy decibels in 
the daytime and forty five decibels at night. An independent, qualified 
source shall document noise levels.
    (3) Indoor air quality. Air circulation shall be at least ten cubic 
feet of outside or recirculated filtered air per minute per occupant. 
An independent, qualified source shall document air circulation.
    (4) Use of tobacco. The administrator shall prohibit the use of 
tobacco in the facility by staff, juveniles and the public except in 
traditional ceremonies and then only in designated areas.
    (5) Heating and cooling. Temperatures shall be appropriate to the 
summer and winter comfort zones.
    (d) Security--(1) Control center. In secure facilities, a twenty-
four hour control area shall monitor and coordinate the facility's 
security, safety and communications systems. The facility shall have a 
communication system between a continuously staffed location and the 
juvenile living areas.
    (2) Perimeter security. The perimeter shall be secured in a way 
that juveniles remain in the perimeter and that access by the general 
public is denied without proper authorization. There shall be security 
doors between juvenile areas and areas to which the public has access.
    (3) Security equipment storage. The facility shall provide space 
for the secure storage of chemical agents, restraining devices and 
related security equipment. The equipment shall be located outside 
juvenile living and activity areas in a place that is readily 
accessible to authorized persons only. Firearms shall not be stored in 
the facility other than on a temporary basis, in gunlockers located 
outside the security perimeter.
    (4) Emergency exits. In compliance with 29 CFR 1910.37, designated 
exits in the facility shall permit prompt evacuation of juveniles and 
staff members in an emergency. Facility exits shall be properly 
positioned, clear and distinctly and permanently marked.
    (5) Protective holding cells. Other than as indicated in the mass 
arrest policy, single occupancy protective holding cells shall be used 
only for the temporary holding of persons during the admission process 
for periods of up to eight hours. Each room or cell shall have, at a 
minimum:
    (i) sixty square feet of floor space;
    (ii) toilet facilities that are located above floor level, provide 
some degree of privacy and are available for use without staff 
assistance twenty-four hours a day;
    (iii) hot and cold running water; and
    (iv) a bed or fixed bench at or above floor level.
    (6) Emergency equipment. The facility shall have the equipment 
necessary to maintain essential lights, power, ventilation, power-
operated doors or locks and communication in an emergency.
    (7) Visual surveillance equipment. When visual electronic 
surveillance is used, it shall be located primarily in hallways, 
elevators, corridors, or at points on the security perimeter such as 
entrances and exits.
    (e) New facility planning process--(1) New facility planning 
requirement. All new construction, renovation and expansion projects 
shall follow the Planning of New Institutions (PONI) process as 
required by 25 CFR Part 296.
    (2) Safety management review. The design and specifications for all 
new construction, renovation and expansion projects shall be reviewed 
by the Bureau of Indian Affairs in compliance with 29 CFR 1960, 
Subparts B through D.
    (f) New construction, renovation and expansion--(1) Single 
occupancy requirements (general population). Only one juvenile shall 
occupy each cell or detention room designed for single occupancy. All 
single general population rooms or cells shall have at least sixty 
square feet of floor space, provided juveniles spend no more than ten 
hours per day locked in. When confinement exceeds ten hours per day, 
there shall be at least seventy square feet of floor space. In general 
population, each room or cell shall have, at a minimum:
    (i) natural light;
    (ii) toilet facilities with some degree of privacy that are located 
above floor level and are available for use without staff assistance 
twenty-four hours a day;
    (iii) a wash basin with hot and cold running water;
    (iv) access to showers; and
    (v) a bed above floor level, a desk or writing surface, safety-type 
hooks or closet space, and a chair or stool.
    (2) Single occupancy requirements (special management). Only one 
juvenile shall occupy each cell or detention room designed for single 
occupancy. The facility shall provide single cell occupancy for special 
management classifications and other classifications as defined and 
justified in the PONI program. At least one special management cell 
shall be vented directly to the exterior. In special management, 
segregation rooms shall provide living conditions that approximate 
those of the general juvenile population. All exceptions shall be 
clearly documented. Each special management room or cell shall have, at 
a minimum:
    (i) natural light;
    (ii) a minimum of seventy square feet of floor space;
    (iii) toilet facilities with some degree of privacy that are 
located above floor level and that are available for use without staff 
assistance twenty-four hours a day;
    (iv) access to showers;
    (v) hot and cold running water; and
    (vi) a bed at or above floor level, a desk or writing surface, and 
a stool.
    (3) Multiple occupancy requirements. Where used, multiple occupancy 
rooms or cells shall house juveniles, who have been screened for 
suitability to group living and classified accordingly. The rooms shall 
provide:
    (i) continuous observation by staff;
    (ii) a minimum of fifty square feet of floor space per occupant in 
the sleeping area and a clear floor-to-ceiling height of not less than 
eight feet;
    (iii) natural light;
    (iv) a toilet(s), with some degree of privacy;
    (v) an operable wash basin(s) with hot and cold running water;
    (vi) access to showers; and
    (vii) beds above floor level and a locker or container for each 
occupant's belongings.
    (4) Space, furnishings and conditions for dayrooms. The facility 
shall provide separate dayroom space for each cellblock or detention 
room cluster. The dayroom shall provide:
    (i) natural light;
    (ii) a minimum of thirty-five square feet of space per juvenile 
exclusive of lavatories;
    (iii) showers and toilets with some degree of privacy; and
    (iv) seating and writing surfaces, appropriate to the 
classification which uses this space, sufficient for the number of 
juveniles who use the dayroom at one time.
    (5) Toilets. The facility shall provide operable toilets at a 
minimum ratio of one for every twelve juveniles in male facilities and 
one for every eight juveniles in female facilities. Urinals may be 
substituted for up to one-half of the toilets in male facilities. All 
housing units with three or more juveniles shall have two toilets.
    (6) Wash basins. Juveniles shall have access to operable wash 
basins with hot and cold running water in the housing units at a 
minimum ratio of one basin for every twelve occupants.
    (7) Showers. Juveniles shall have access to operable showers with 
temperature-controlled hot and cold running water at a minimum of one 
shower for every eight juveniles. Water for showers shall be 
thermostatically controlled to temperatures ranging from one hundred 
degrees to one hundred-twenty degrees Fahrenheit.
    (8) Housing for the disabled. Disabled juveniles shall be housed in 
a manner that provides for their safety in compliance with 25 U.S.C. 
794 (the Rehabilitation Act of 1973) as amended, 41 CFR 101-19.6 
(Uniform Federal Accessibility Standards), and 43 CFR Part 17, yet 
prevents their being discriminated against in their use of the 
facility.
    (9) Work or education release housing. Juveniles who participate in 
work or education release programs shall be housed separately from 
juveniles in the general population.
    (10) Program space requirements. The total indoor activity area, 
which includes all activity areas outside of the living unit, shall 
provide space equivalent to a minimum of one hundred square feet per 
juvenile. If the facility houses both male and female juveniles, the 
facility shall provide space for coeducational activities.
    (11) Exercise and recreation areas. The facility shall provide 
secure outdoor, covered or enclosed exercise areas. Outdoor exercise 
areas shall be a minimum of one thousand five hundred square feet of 
unencumbered space; covered and enclosed exercise areas shall provide a 
minimum of one thousand square feet of unencumbered space. Exercise 
areas shall be adequate in size and type to ensure that each juvenile 
shall be offered at least one hour of access daily regardless of 
climatic conditions.
    (12) Multi-purpose and interview rooms. The facility shall provide 
a minimum of one accessible multi-purpose room and one accessible 
interview room.
    (13) Program area toilets. The facility shall provide toilets with 
some degree of privacy and wash basins, which are accessible to 
juveniles, in or adjacent to activity areas.
    (14) Visiting spaces. The facility shall provide space in which 
contact visiting can occur. The space shall facilitate staff 
observation of visiting. The facility shall provide secure space 
outside the security perimeter for the storage of visitors' personal 
items.
    (15) Classroom. Classrooms shall be designed in conformity with BIA 
or state education requirements.
    (16) Food service spaces. When the facility provides for food 
preparation, it shall have adequate space for food processing, storage, 
refrigeration and sanitation. Toilet and wash basin facilities shall be 
available to food service personnel and juveniles in the vicinity of 
the food preparation area. The square footage of the kitchen shall be 
appropriate to the needs of the facility. If dining occurs outside the 
dayroom, the facility shall provide a minimum of fifteen square feet 
per occupant. The facility shall provide space for group dining except 
where security or safety considerations justify otherwise.
    (17) Storage spaces. The facility shall provide the following 
storage space:
    (i) a secure, well-ventilated janitor closet, which includes sink 
and adequate space for the storage of cleaning implements and supplies;
    (ii) secure storage, located outside the secure area, for 
flammable, toxic and caustic items; and
    (iii) storage for juvenile clothing, bedding, mattresses, personal 
hygiene items and facility supplies.
    (18) Laundry. The facility shall provide access to laundry services 
or laundry space and equipment.
    (19) Admission. The facility shall provide an admitting and release 
area which shall be located inside the security perimeter, but outside 
juvenile living quarters. The booking area shall include:
    (i) an admitting work area;
    (ii) sallyport;
    (iii) access to operable toilets, with some degree of privacy, wash 
basins, drinking water and showers;
    (iv) space for alcohol and drug testing equipment;
    (v) a secure, well-ventilated storage room for juveniles' personal 
property;
    (vi) telephone(s), which can be used by juveniles;
    (vii) private interview spaces;
    (viii) temporary holding rooms or waiting spaces with sufficient 
fixed seating for all juveniles at their rated capacities; and
    (ix) access to continuously observable protective holding cells for 
the safe holding of intoxicated individuals.
    (20) Medical examination room. The facility shall provide a space 
in which private medical examinations of juveniles can occur. The space 
shall provide for private examination of patients, hand washing, 
storage of equipment used in the examination room and a work surface 
for health care personnel.
    (21) Staff toilets. The facility shall provide staff toilets inside 
the secure area of the facility that juveniles shall not use.
    (22) Public spaces. The facility shall provide public restroom(s) 
and a public lobby with an adequate number of seats to accommodate 
anticipated visitors outside the secure perimeter.
    (23) Administration. The facility shall provide adequate space for 
its administrative functions. This space shall include an office for 
the administrator, work space for clerical staff, space for duplicating 
equipment, supply and equipment storage, space for storage of facility 
records and space for meetings.
    (24) Staff. The facility shall provide adequate space for staff 
assigned to work in the facility. These spaces shall include an area in 
which they can store personal property, change clothes and shower and 
an area in which training, meetings, briefings and breaks can occur.
    (25) Mechanical. The facility shall provide separate and adequate 
space for mechanical systems and equipment.
    (g) Existing construction--(1) Occupancy by one juvenile. Only one 
juvenile shall occupy each cell or detention room designed for single 
occupancy.
    (2) Single occupancy space requirements. All single rooms or cells 
shall have at least sixty square feet of floor space, provided 
juveniles spend no more than ten hours per day locked in. When 
confinement exceeds ten hours per day, there shall be at least seventy 
square feet of floor space.
    (3) Multiple occupancy space requirements. Where used, multiple 
occupancy rooms or cells house juveniles, who have been screened for 
suitability to and classified for group living. The rooms shall 
provide:
    (i) continuous observation by staff;
    (ii) a minimum of fifty square feet of floor space per occupant in 
the sleeping area and a clear floor-to-ceiling height of not less than 
eight feet;
    (iii) natural light;
    (iv) a toilet(s) with some degree of privacy;
    (v) an operable wash basin(s) with hot and cold running water;
    (vi) access to showers; and
    (vii) beds above floor level and a locker or container for each 
occupant's belongings.
    (4) Single occupancy furnishings and conditions (general 
population). Each room or cell shall have, at a minimum:
    (i) natural light;
    (ii) toilet facilities with some degree of privacy that are located 
above floor level and that are available for use without staff 
assistance twenty-four hours a day;
    (iii) a wash basin with hot and cold running water;
    (iv) access to showers; and
    (v) a bed above floor level, a desk or writing surface, safety-type 
hooks or closet space and a chair or stool.
    (5) Single occupancy furnishings and conditions (special 
management). Segregation rooms shall provide living conditions that 
approximate those of the general juvenile population; all exceptions 
shall be clearly documented. Each room or cell shall have, at a 
minimum:
    (i) natural light;
    (ii) a minimum of seventy square feet of floor space;
    (iii) toilet facilities with some degree of privacy that are 
located above floor level and that are available for use without staff 
assistance twenty-four hours a day;
    (iv) access to showers;
    (v) hot and cold running water; and
    (vi) a bed at or above floor level, a desk or writing surface and a 
stool.
    (6) Space, furnishings and conditions for dayrooms. The facility 
shall provide separate dayroom space. The dayroom shall provide:
    (i) a minimum of thirty-five square feet of space per juvenile 
exclusive of lavatories;
    (ii) showers and toilets with some degree of privacy; and
    (iii) seating and writing surfaces, appropriate to the 
classification which uses this space, sufficient for the number of 
juveniles who use the dayroom at one time.
    (7) Toilets. The facility shall provide operable toilets at a 
minimum ratio of one for every twelve juveniles in male facilities and 
one for every eight juveniles in female facilities. Urinals may be 
substituted for up to one-half of the toilets in male facilities. All 
housing units with three or more juveniles shall have two toilets.
    (8) Wash basins. Juveniles shall have access to operable wash 
basins with hot and cold running water in the housing units at a 
minimum ratio of one basin for every twelve occupants.
    (9) Showers. Juveniles shall have access to operable showers with 
temperature-controlled hot and cold running water at a minimum of one 
shower for every eight juveniles. Water for showers shall be controlled 
thermostatically to temperatures ranging from one hundred degrees to 
one hundred-twenty degrees Fahrenheit.
    (10) Housing for the disabled. Disabled juveniles shall be housed 
in a manner that provides for their safety, in compliance with 25 
U.S.C. 794 (the Rehabilitation Act of 1973) as amended, 41 CFR 101-19.6 
(Uniform Federal Accessibility Standards), and 43 CFR Part 17, yet 
prevents their being discriminated against in their use of the 
facility.
    (11) Work or education release housing. Juveniles who participate 
in work or education release programs shall be housed separately from 
juveniles in the general population.
    (12) Program space requirements. The total indoor activity area, 
which includes all activity areas outside of the living unit, shall 
provide space equivalent to a minimum of one hundred square feet per 
juvenile. If the facility houses both male and female juveniles, space 
shall be provided for coeducational activities
    (13) Exercise and recreation. The facility shall provide secure 
outdoor, covered or enclosed exercise areas. Exercise areas shall be 
adequate in size and type to ensure that each juvenile shall be offered 
at least one hour of access daily regardless of climatic conditions.
    (14) Program spaces. The facility shall provide a minimum of one 
accessible multi-purpose room.
    (15) Visiting spaces. The facility shall provide a visiting room, 
which allows staff to observe visiting.
    (16) Classroom. Classrooms shall be designed in conformity with BIA 
or state education requirements.
    (17) Dining. If dining occurs outside the dayroom, the facility 
shall provide a minimum of fifteen square feet per occupant.
    (18) Food service spaces. When the facility provides for food 
preparation, it shall have adequate space for food processing, storage, 
refrigeration and sanitation. Toilet and wash basin facilities shall be 
available to food service personnel and juveniles in the vicinity of 
the food preparation area. The square footage of the kitchen shall be 
appropriate to the needs of the facility.
    (19) Janitor closet. The facility shall provide a secure, well-
ventilated janitor closet, which includes sink and adequate space for 
the storage of cleaning implements and supplies.
    (20) Storage of toxic, flammable and caustic items. The facility 
shall provide secure storage, outside the secure area, for flammable, 
toxic and caustic items.
    (21) Clothing and supply storage. The facility shall provide 
storage space for juvenile clothing, bedding, mattresses, personal 
hygiene items and facility supplies.
    (22) Laundry. The facility shall provide access to laundry services 
or laundry space and equipment.
    (23) Admission. The facility shall provide an admission and release 
area which shall be located inside the security perimeter, but outside 
juvenile living quarters. The booking area shall include:
    (i) an admitting work area;
    (ii) sallyport;
    (iii) access to operable toilets, wash basins, drinking water and 
showers;
    (iv) space for alcohol and drug testing equipment;
    (v) a secure, well-ventilated storage room for juveniles' personal 
property;
    (vi) telephone(s), which can be used by juveniles;
    (vii) private interview spaces;
    (viii) temporary holding rooms or waiting spaces with sufficient 
fixed seating for all juveniles at their rated capacities; and
    (ix) access to continuously observable protective holding cells for 
the safe holding of intoxicated individuals.
    (24) Medical examination room. The facility shall provide a space 
in which private medical examinations of juveniles can occur. The space 
shall provide for private examination of patients, hand washing, 
storage of equipment used in the examination room and a work surface 
for health care personnel.
    (25) Staff toilets. The facility shall provide staff toilets that 
juveniles shall not use.
    (26) Public spaces. The facility shall provide public restroom(s) 
and a public lobby with an adequate number of seats to accommodate 
anticipated visitors outside the secure perimeter.
    (27) Administration. The facility shall provide adequate space for 
its administrative functions.
    (28) Staff. The facility shall provide adequate space for staff 
assigned to work in the facility.
    (29) Mechanical. The facility shall provide separate and adequate 
space for mechanical systems and equipment.


Sec. 10.23  Institutional operations.

    (a) Security and control--(1) Perimeter access. All security 
perimeter entrances and control center doors shall be kept locked, 
except when used for supervised entry or exit of employees, juveniles 
or visitors and in emergencies.
    (2) Location of juvenile detention worker posts. Juvenile detention 
worker posts shall be located in or immediately adjacent to juvenile 
living areas to permit workers to hear and respond promptly to 
emergency situations.
    (3) Supervision of service personnel. Service personnel other than 
facility staff shall perform work only under direct and continuous 
supervision of facility staff in those areas permitting contact with 
juveniles.
    (4) Full coverage of posts. Staff shall be provided for full, 
around-the-clock coverage of designated security posts, full 
supervision of juveniles and performance of other detention functions.
    (5) Supervision of high security areas. A staff member shall enter 
a high security area only when another staff member is immediately 
available to provide assistance.
    (6) Supervision of coed activities. Facility staff shall supervise 
male and female juveniles in coed activities and spaces continuously 
and directly.
    (7) Male and female staff requirement. When both males and females 
are housed in the facility, at least one male and female staff member 
shall be on duty at all times.
    (8) Prohibited supervision. No juvenile or group of juveniles shall 
be given control or authority over other juveniles.
    (9) Room checks. A juvenile detention worker personally shall 
observe high and medium security juveniles at least every thirty 
minutes, but on an irregular schedule. The administrator shall require 
observation every fifteen minutes for juveniles who are mentally 
disordered or who demonstrate unusual or bizarre behavior and 
continuous observation of suicidal juveniles.
    (10) Counts. The facility shall have a system to physically count 
juveniles that includes strict accountability for juveniles assigned to 
work and education release and other approved temporary releases.
    (11) Movement. Detention staff shall regulate all juvenile 
movement.
    (12) Transportation of juveniles. The administrator shall govern 
the safe and secure transportation of juveniles outside the facility.
    (13) Use of vehicles. The administrator shall govern the use of 
departmental and personal vehicles for official purposes and shall 
prohibit the use of personal vehicles for transportation of juveniles.
    (14) Shift activity log. The facility shall maintain a written 
record of the following:
    (i) personnel on duty;
    (ii) juvenile population at the beginning and end of each shift;
    (iii) record of counts taken;
    (iv) shift activities;
    (v) entry and exit of professional and other visitors;
    (vi) unusual occurrences or incidents;
    (vii) hours of programs provided; and
    (viii) clothing and linen exchange.
    (15) Weekly inspection. The administrator or designee shall inspect 
all facility spaces and devices at least weekly to determine the status 
of all security items and the sanitary condition of the facility. The 
administrator or designee shall document the inspection and shall 
initiate corrective action if needed.
    (16) Monthly Inspection. The administrator shall inspect all areas 
of the facility at least monthly to inventory security equipment to 
determine numbers, usefulness and expiration dates, to determine the 
status of all security and safety items and to determine the sanitary 
condition of the facility. The administrator shall document the 
inspection and shall initiate corrective action if needed.
    (17) Fire safety inspection. A qualified fire protection specialist 
shall inspect the facility to test the fire suppression and detection 
system, equipment and facility training in compliance with 29 CFR 
1910.36(d), 1910.37(m), 1910.37(n), 1910.38, and 29 CFR 1960, Subpart 
D.
    (18) Use of restraints. Staff shall use instruments of restraint 
only as a precaution against escape during transfer, for medical 
reasons at the direction of the health authority and as a prevention 
against juvenile self-injury, injury to others or property damage. 
Staff shall apply restraints only with the approval of the 
administrator or designee and only for the amount of time that is 
absolutely necessary.
    (19) Security equipment issue. The administrator shall maintain a 
written record of routine and emergency distributions of security 
equipment.
    (20) Contraband control. The administrator shall provide for 
searches of facilities and juveniles to control contraband and to 
provide for its disposition. When a new crime is suspected, the 
administrator shall be notified. The administrator shall maintain and 
make available to the appropriate authorities all evidence.
    (21) Body cavity and visual inspections. Manual or instrument 
inspection of juvenile body cavities shall be conducted only by health 
care staff when there is reason to do so and when authorized by the 
administrator or designee. Trained staff shall conduct visual 
inspections of unclothed juveniles only when there is a reasonable 
belief that the juvenile is carrying contraband or other prohibited 
material. Medical personnel shall conduct all manual or instrument 
inspections in private by medical personnel. Trained staff of the same 
sex as the juvenile shall conduct all visual inspections in private.
    (22) Key and tool control. The administrator shall govern the 
control, issuance, use and storage of keys, tools and culinary and 
medical equipment.
    (23) Use of force and firearms. The facility shall comply with 25 
CFR 11.304 with regard to the use of force, firearms, chemical agents, 
or any other weapon.
    (b) Safety and emergency procedures--(1) Fire prevention. The 
administrator shall govern the storage and use of all flammable, toxic 
and caustic materials, the use of non-combustible receptacles for 
smoking materials, the amount of personal items, including reading 
materials, which juveniles may keep in their living units and the 
amount and location of items stored in the facility.
    (2) Preventive maintenance. The administrator or designee shall 
develop a written plan for preventive maintenance of the facility. The 
administrator shall review the plan annually and update it as needed. 
If tribally operated, the plan shall be supported by a Memorandum of 
Agreement between the tribe and the Agency.
    (3) Emergency generator testing. In compliance with 29 CFR 1910.38, 
emergency power generators shall be inspected weekly and tested under 
load at intervals of not more than thirty days.
    (4) Evacuation plan. The administrator shall develop a written 
evacuation plan prepared in case of fire or major emergency. The plan 
shall comply with 29 CFR 1910.38 or comparable tribal code. The 
applicable Safety Officer or designee shall review and approve the plan 
initially and annually. The administrator shall update and reissue the 
plan if necessary. The plan shall include:
    (i) means of immediate release of juveniles from locked areas;
    (ii) location of floor plans;
    (iii) use of exit signs and directional arrows for traffic flow;
    (iv) location of a publicly posted plan;
    (v) at least quarterly drills in all facility locations; and
    (vi) coordination with the fire department which services the 
facility.
    (5) Emergency plans. The administrator or designee shall develop 
written plans that specify procedures to be followed in emergency 
situations. The administrator shall make these plans available to 
applicable personnel and shall review and update them at least 
annually. All facility personnel shall be trained in the implementation 
of these plans. Emergency situations shall include, but not limited to:
    (i) riots and disturbances;
    (ii) hunger strikes;
    (iii) hostage situations;
    (iv) work stoppages;
    (v) unattended deaths, including successful suicides;
    (vi) attempted suicides;
    (vii) escapes and unauthorized absences; and
    (viii) other threats to the security of the facility.
    (6) Incident reporting. The administrator shall require the 
immediate reporting of all incidents that result in physical harm to 
any person, threaten the safety of any person, result in the need for 
emergency care, result in damage to the facility or facility property, 
threaten the security of the facility, or involve the commission of a 
criminal offense. The administrator shall forward the reports to the 
Agency Superintendent through the appropriate chain of command.
    (7) Medical treatment (incident). The administrator or designee 
shall ensure that all persons injured in an incident receive an 
immediate medical examination and treatment.
    (8) Notification of family. The administrator shall provide for the 
notification of persons designated by the juvenile in the event of 
serious illness, injury or death.
    (c) Rules and discipline--(1) System of rewards and sanctions. The 
administrator shall provide for a system to reward the positive 
behavior of juveniles and to provide sanctions for misbehavior.
    (2) Rules of conduct. The administrator shall develop written rules 
of juvenile conduct that specify acts prohibited within the facility 
and penalties that may be imposed for various degrees of violations. 
The administrator or designee shall provide these rules to all 
juveniles and shall ensure that all juveniles understand them. All 
personnel who deal with juveniles shall receive sufficient training 
prior to working in the facility to be thoroughly familiar with the 
rules of juvenile conduct, the sanctions available and the rationale 
for the rules. The administrator shall review the written rules of 
juvenile conduct annually and update them, if necessary, to ensure that 
they are consistent with constitutional and legal principles and BIA 
and tribal standards and codes.
    (3) Minor infractions. The administrator shall provide guidelines 
for the informal resolution of minor juvenile misbehavior.
    (4) Grievance procedure. The administrator or designee shall make a 
written grievance procedure available to all juveniles. The procedure 
shall include at least one level of appeal.
    (5) Criminal violations. In instances in which a juvenile is 
alleged to have committed a crime, the administrator or designee shall 
refer the case to the appropriate law enforcement officials for 
possible prosecution.
    (6) Disciplinary reports. When rule violations require formal 
resolution, staff members shall prepare a disciplinary report and 
forward it to the administrator or designee. The disciplinary report 
shall include, but not be limited to:
    (i) specific rules violated;
    (ii) a formal statement of the charge(s);
    (iii) an explanation of the event, which should include who was 
involved, what transpired and the time and location of the occurrence;
    (iv) unusual juvenile behavior;
    (v) staff witnesses;
    (vi) disposition of any physical evidence;
    (vii) any immediate action taken, including the use of force;
    (viii) reporting staff member's signature; and
    (ix) date and time the report is made.
    (7) Disciplinary process. Juveniles shall receive notification of 
the rules violated, a formal statement of the charge, a description of 
the incident and notice of the date and time of hearing. The 
administrator or designee shall advise juveniles of their rights to be 
present at the hearing, to call witnesses on their behalf, to make a 
statement, to present documentary evidence, and to ask for assistance 
from staff in representing them at the hearing. An impartial person or 
panel of persons shall conduct the hearing.
    (8) Pre-hearing detention. The administrator shall provide for the 
pre-hearing segregation of juveniles who are charged with a rule 
violation if the safety of the juvenile, other juveniles, staff or the 
security of the facility is at stake.
    (9) Disciplinary detention. The administrator or designee shall 
place juveniles in disciplinary detention for a rule violation only 
after a hearing.
    (10) Record of disciplinary hearing. The persons conducting the 
disciplinary hearing shall make a written copy of the decision and its 
disposition and shall provide copies to the juvenile and administrator 
for review. Juveniles shall have the right to appeal the decision to 
the administrator or the next level of authority. The disciplinary 
report shall be removed from all files of juveniles found not guilty of 
an alleged rule violation.
    (d) Room restriction and special management confinement--(1) 
Explanation for restriction. Prior to room and/or privilege 
restriction, detention staff shall explain the reasons for the 
restriction to juveniles, and juveniles shall have the opportunity to 
explain the behavior leading to the restriction.
    (2) Room restriction. Room restriction for minor misbehavior shall 
serve only a ``cooling off'' purpose and shall be short in duration, 
with the time period (fifteen--sixty minutes) specified at the time of 
assignment.
    (3) Special management confinement (disciplinary). When a juvenile 
has been charged with a major rule violation requiring confinement for 
the safety of the juvenile, other juveniles, or to ensure the security 
of the facility, the juvenile may be confined for a period of up to 
twenty-four hours. The administrator or designee, who was not involved 
in the incident, shall review confinement for periods over twenty-four 
hours.
    (4) Administrative removal from program. Only an administrator or 
supervisor shall direct the administrative removal of juveniles from 
program. The administrator or supervisor shall direct administrative 
removal from program only to provide for the safety of the juvenile, 
other juveniles, or to ensure the security of the facility. An 
administrator or designee shall review the status of juveniles who have 
been removed from program for periods over twenty-four hours, within 
twenty-four hours of their removal and every seventy-two hours 
thereafter.
    (5) Referral of juveniles removed from program. The administrator 
or designee shall refer juveniles removed from program to the health 
authority and/or social service director within twenty-four hours.
    (6) Individualized plan for juveniles removed from program. The 
administrator or designee shall develop an individual plan for the 
management of juveniles in special management confinement for 
protective care or serious behavioral problems.
    (7) Frequency of staff contact during room restriction. During room 
restriction, staff shall contact juveniles at least every fifteen 
minutes depending on their emotional state. Juveniles shall assist in 
determining the end of the restriction period.
    (8) Frequency of staff contact during special management 
Confinement. Staff shall visually check juveniles placed in 
confinement, at least every fifteen minutes. Personnel from the 
administrative, health care, or social work units shall visit juveniles 
in special management confinement at least once each day.
    (9) Special management privileges. Juveniles placed in confinement 
shall be afforded living conditions and privileges approximating those 
available to the general juvenile population. Exceptions shall be 
justified by clear and substantiated evidence.
    (10) Logs. The facility shall maintain a permanent log of 
significant events and activities of juveniles in special management 
confinement. The log shall document:
    (i) the person who authorized the confinement;
    (ii) the date and time of confinement;
    (iii) persons visiting the juvenile;
    (iv) the person authorizing the release from confinement; and
    (v) the date and time of release.
    (e) Juvenile rights--(1) Access to courts, counsel and legal 
materials. Juveniles shall have the right to have access to attorneys, 
legal representatives, the courts and legal materials and to address 
uncensored communications to governmental authorities.
    (2) Freedom from discrimination. Juveniles shall have the right to 
be free from discrimination based on race, religion, national origin, 
tribal affiliation, sex, disability, political beliefs, favoritism or 
nepotism. Juveniles shall have the right to equal access to programs 
and work assignments as provided in the classification program.
    (3) Equal access for women. Male and female juveniles shall have 
the right to equal access to programs and services.
    (4) Right to communicate. Juveniles shall have the right to 
communicate or correspond with persons or organizations, subject only 
to the limitations necessary to maintain order and security and protect 
the juvenile's rights.
    (5) Protection from harm. Juveniles shall have the right to 
protection from personal abuse, corporal punishment, personal injury, 
disease, property damage and harassment, by either staff or juveniles.
    (6) Freedom of personal grooming. Juveniles shall have the right to 
determine the length and style of scalp or facial hair, unless health 
and safety reasons exist.
    (7) Treatment. Juveniles shall have the right to medical, dental, 
mental health and substance abuse treatment and rehabilitative services 
as directed by the health authority.
    (f) Intake decision process--(1) Designated intake officer. The 
administrator shall designate an intake officer on each shift. The 
intake officer shall be delegated the specific power to make decisions 
regarding juvenile intake. The intake process shall operate twenty-four 
hours a day.
    (2) Advisement of intake process. The administrator or designee 
shall inform juveniles of the steps in the admission process when the 
admission process begins.
    (3) Referral for non-court services. The administrator shall 
specify the authority and responsibility of the intake officer to refer 
juveniles named in complaints and, if indicated, their parents for 
noncourt services. Referrals for such services shall be voluntary, 
shall be agreed to by both the juvenile and parents, shall be 
documented in writing and can be completed within a specific period of 
time.
    (4) Referral for 99-570 assessment. The intake officer shall refer 
juveniles who are arrested or detained for offenses involving or 
related to alcohol or substance abuse or who are under the influence of 
these substances to the health authority or designated substance abuse 
program according to criteria established by the health authority in 
the written plan for provision of emergency care.
    (5) Court referral. The administrator or designee shall bring any 
juvenile placed in detention before the appropriate court within forty-
eight hours of admission.
    (6) Independent review of intake decisions. The administrator shall 
provide for a process of independent review of intake decisions.
    (7) Authority of the intake officer. The administrator shall 
specify the authority and responsibility of the intake officer to order 
unconditional or conditional release of a juvenile prior to a detention 
hearing and to order non-secure or secure shelter care according to 
criteria established by the appropriate court.
    (8) Conditional release plan. The administrator or designee, in 
conjunction with the appropriate court and service providers, shall 
develop a written plan for the conditional release of juveniles. The 
plan shall specify criteria for conditional release, alternative 
resources and the referral process. The plan shall be updated as needed 
and reviewed at least annually.
    (9) Prohibition against detention of abused, dependent and 
neglected children--The administrator shall prohibit the placement in 
detention of children who are runaways because of abuse, neglect or 
abandonment.
    (10) Criteria for secure detention. The administrator shall limit 
the use of detention to cases involving protection of the public, 
prevention of self-injury, ensuring the presence of the juvenile at 
subsequent court hearings and transfers to other jurisdictions.
    (11) Criteria for detention of probation or valid court order 
violators. Juveniles alleged to have violated conditions of their 
probation or valid court order shall not be placed in detention unless 
it is necessary to protect the public safety, prevent self-injury, 
facilitate transfer, or ensure the presence of the juvenile at 
subsequent court hearings.
    (g) Admission--(1) Admission process. Written procedures for 
admitting new juveniles shall include, at a minimum:
    (i) determination that the juvenile is legally committed;
    (ii) complete search of the individual and possessions;
    (iii) inventory and storage of clothing and personal property;
    (iv) health screening, including tests for infectious diseases as 
required by the health authority;
    (v) emergency health assessment, as required by law, regulations or 
policies of the health authority;
    (vi) assistance in or arrangements for contacting families 
regarding admission and the procedures for mail and visiting;
    (vii) opportunity to make local or collect long-distance telephone 
calls to family members, legal representatives, or other approved 
individuals during admission;
    (viii) shower, hair care and treatment for ectoparasites if 
necessary;
    (ix) issue of clean clothing and personal hygiene items;
    (x) completion of an admission form as required by these standards;
    (xi) suicide screening; and
    (xii) orientation, classification and assignment to a housing unit.
    (2) Mass arrests. Written plans shall govern temporary space 
arrangements and procedures to be followed in the event of a mass 
arrest that exceeds the maximum capacity of the facility. The 
administrator or designee shall update the plans as needed and review 
them at least annually.
    (3) Suicide screening. The administrator shall ensure that all 
juveniles shall be screened for risk of suicide at the time of 
admission. When a risk is identified, detention staff shall make an 
emergency referral to the health authority for evaluation by a health 
care professional and shall monitor the juvenile until the assessment 
has been completed.
    (4) Orientation. All newly admitted juveniles shall receive written 
or oral information in the language they understand. The admitting 
officer shall document completion of orientation by a statement that 
shall be signed and dated by the juveniles. The facility shall separate 
newly admitted juveniles until completion of the orientation process. 
The orientation shall include, but not limited to:
    (i) juvenile rules of conduct and potential disciplinary actions 
that may be taken;
    (ii) programs and services available in the facility;
    (iii) procedures for accessing health care services; and
    (iv) juvenile rights and privileges.
    (5) Personal property inventory. The admitting officer shall 
complete a written, itemized inventory of all personal property of 
newly admitted juveniles and shall store securely all juvenile 
property, including money and other valuables. The admitting officer 
shall give the juvenile a receipt for all property held until release.
    (6) Regulation of juvenile property. The administrator or designee 
shall identify personal property that juveniles may receive or keep in 
their possession while in the facility, the sources from which these 
items may be obtained and how these items are received and inspected.
    (h) Classification.--(1) Classification policy. The administrator 
or designee shall provide for juvenile classification in terms of the 
custody level, housing assignment and program participation. The 
administrator shall review these policies and procedures annually and 
update them as necessary.
    (2) Classification plan. The administrator or designee shall 
develop a written classification plan, which includes, at a minimum:
    (i) criteria and procedures for determining and changing the status 
of a juvenile relative to custody;
    (ii) transfer and major changes in program participation;
    (iii) an appeals process for classification decisions; and
    (iv) the separate management of the following categories of 
juveniles: male and female, education and work release, special needs 
(substance abusers, disabled, etc.) and special management 
(disciplinary confinement and juveniles removed from the program by 
administrative action).
    (3) Prohibited segregations. The administrator shall prohibit the 
segregation of juveniles by race, color, creed, tribal affiliation, 
national origin, political beliefs, nepotism, favoritism or other 
prohibited criteria.
    (i) Food service.--(1) Food service records. At a minimum, the 
facility shall maintain records of the number of meals served to the 
juvenile population, the expenditures for food supplies and menus 
(planned and as served).
    (2) Dietary allowances. The facility shall document that a 
registered dietician reviews dietary allowances at least annually to 
ensure compliance with nationally recommended food allowances. A diet 
manual, approved by a registered dietician, shall guide dietary 
allowances, including special diets.
    (3) Menu planning. The administrator or designee shall plan, date 
and make all menus available for review at least one week in advance. 
The administrator or designee shall make notations of any 
substitutions, which shall be of equal nutritional value, in the meals 
actually served. The administrator or designee shall consider Native 
American food preferences in menu planning. The administrator or 
designee shall direct that menu evaluations shall be conducted at least 
quarterly to verify adherence to the nationally recommended basic daily 
servings.
    (4) Medical special diets. The administrator or designee shall 
provide for special diets that are prescribed by appropriate medical or 
dental personnel.
    (5) Religious preference special diets. The administrator or 
designee shall provide for special diets for juveniles whose beliefs 
require adherence to religious dietary laws.
    (6) Food and discipline. The administrator shall prohibit the use 
of food as a disciplinary measure.
    (7) Health protection. Food service facilities and equipment shall 
meet health and safety standards. Food service personnel and juveniles 
assisting in the food service area shall comply with applicable health 
regulations. The administrator or designee shall document compliance 
with health and safety regulations, including but not limited to, a 
pre-assignment medical examination.
    (8) Inspections of food products. The appropriate government agency 
shall inspect and approve food products that are grown or produced 
within the system. The administrator or designee shall implement a 
distribution system that ensures prompt delivery of foodstuffs.
    (9) Inspection of food service area. The administrator or designee 
shall conduct a weekly inspection of all food service areas, including 
dining and food preparation areas and equipment to ensure that they are 
sanitary, that all food storage areas are temperature controlled, and 
that food service personnel have made daily checks of refrigerator and 
water temperatures.
    (10) Meal service. The facility shall serve meals under the direct 
supervision of staff, and staff shall supervise juveniles during meal 
times. The facility shall provide at least three meals, of which two 
shall be hot, served at regular meal times during each twenty-four hour 
period, with no more than fourteen hours between the evening meal and 
breakfast. Provided that basic nutritional goals are met, variations 
may be allowed based on weekend and holiday food service demands.
    (j) Sanitation and hygiene.--(1) Water supply. The administrator 
shall maintain documentation that the entity which provides the 
facility's water source, supply, storage and distribution system meets 
the requirements of 42 U.S.C. 300g-6 (the Safe Drinking Water Act).
    (2) Sewage system. The administrator shall maintain documentation 
that entity which provides the facility's sewage system complies with 
33 U.S.C. 1251 et seq. (the Clean Water Act of 1977).
    (3) Sanitation plan. The administrator or designee, in cooperation 
with the BIA or tribal maintenance program, shall develop a written 
housekeeping plan for all areas of the physical plant. The 
administrator or designee shall update the plan as needed and review it 
at least annually. The plan shall provide for daily housekeeping and 
regular maintenance by assigning specific duties to staff, juveniles 
and BIA or tribal Facility Maintenance. The plan shall require:
    (i) facility floors be kept clean, dry and free of hazardous 
substances;
    (ii) a qualified person conduct monthly inspections to control 
vermin and pests;
    (iii) solid and liquid wastes be disposed of properly;
    (iv) clean, suitable and presentable clothing, bedding, linens and 
towels be issued to new juveniles and exchanged on at least a weekly 
basis;
    (v) necessary cleaning and storage of juvenile personal clothing be 
provided;
    (vi) articles needed for personal hygiene be furnished; and
    (vii) sufficient facilities in the housing areas to permit 
juveniles to shower or bathe on admission to the facility and daily 
thereafter.
    (4) Special clothing issue. The facility shall provide for the 
issue of special and, where appropriate, protective clothing and 
equipment to juveniles participating in special work assignments. Such 
clothing shall be available in quantities that permit exchange as 
frequently as the work assignment requires.
    (5) Hair care. The administrator or designee shall allow juveniles 
to arrange for hair cutting services.
    (k) Health care--(1) Written health care plan. A written plan shall 
provide for the delivery of health care services, including medical, 
dental, mental health and substance abuse treatment, under the control 
of a designated health authority. The plan shall include the 
participation of IHS, social services and tribal health care providers. 
A Memorandum of Agreement between the administrator and the Director of 
the appropriate Indian Health Service (IHS) Service Unit or IHS 
contract health care provider shall document the health care plan. When 
this authority is other than a physician, final medical judgment shall 
rest with a single responsible physician, designated by the appropriate 
health authority, who shall meet the applicable licensure requirements.
    (2) Health program coordinator. In facilities without full-time, 
qualified health personnel, a health-trained staff member shall 
coordinate the health care delivery system in the facility under the 
joint supervision of the responsible health authority and the 
administrator.
    (3) Annual review. The administrator and the health authority shall 
update the plan as needed, review it annually to determine program 
needs including staffing, equipment and supplies and document its 
review by signature and date.
    (4) Medical/mental health judgment. Medical, dental and mental 
health matters involving clinical judgments shall be the sole province 
of the responsible physician, dentist and/or psychiatrist or qualified 
psychologist.
    (5) Security regulations. Security regulations applicable to 
facility personnel shall apply to health personnel.
    (6) Meetings with provider. The health authority shall meet with 
the administrator or designee at least quarterly to review and evaluate 
the health care delivery system. The health authority shall provide an 
annual statistical report which documents the level and amount of 
health care services provided.
    (7) Review of health care policies. The health authority and the 
administrator shall review and approve all policies and procedures 
relative to the health care plan prior to submission of these policies 
to the Chief, Division of Law Enforcement. Policies and procedures 
shall be reviewed at least annually and documented by signature and 
date.
    (8) Health training program. The responsible health authority, in 
cooperation with the administrator, shall establish a health training 
program. The program shall provide instruction in the following areas:
    (i) appropriate procedures to prevent the spread of communicable 
diseases;
    (ii) the ability to respond to health-related situations within 
four minutes;
    (iii) recognition of signs, symptoms and actions required in 
potential emergency situations;
    (iv) recognition of chronic illness;
    (v) administration of first aid and cardiopulmonary resuscitation 
(CPR);
    (vi) methods of obtaining assistance from the health care provider;
    (vii) recognition of signs and symptoms of and management of 
juveniles with mental illness, retardation, emotional disturbance, 
chemical dependency and suicidal behavior; and
    (viii) procedures for patient transfers to appropriate medical 
facilities or health care providers.
    (9) Sick call. The administrator or designee shall provide for the 
collection and referral of juvenile requests for health care. The 
facility shall have a system of sick call in-house or at the health 
care authority. The system shall provide for referral of juveniles by 
staff for medical or other behavioral health evaluation, i.e, mental 
health, substance abuse, suicide. Sick call shall be held no less than 
once per week.
    (10) Twenty-four-hour emergency care. The administrator and health 
authority shall develop a written plan for the provision of twenty-four 
hour emergency medical, dental and mental health care. The 
administrator and the health authority shall update the plan as needed 
and review it at least annually. At a minimum, the plan shall include:
    (i) emergency evacuation of the juvenile from the facility;
    (ii) emergency evaluation of the juvenile for medical or mental 
health problems;
    (iii) use of an emergency medical vehicle;
    (iv) use of one or more designated hospital, clinic, emergency on-
call physician, dentist, psychiatrist, qualified psychologist or 
otherwise qualified clinician; and
    (v) security procedures that provide for the immediate transfer of 
juveniles when appropriate.
    (11) Health care treatment. Health care staff or health-trained 
detention staff shall perform treatment pursuant to written direct 
orders by personnel authorized by law to give such orders.
    (12) Medical/mental health management of juveniles. Qualified 
health care personnel, in conjunction with detention staff, shall 
develop a written plan for the management of juveniles with medical, 
mental health and substance abuse problems, including suicide risks.
    (13) Licensure requirements. The health authority shall comply with 
all applicable federal law, licensure requirements, rules, regulations 
and medical protocols in the delivery of health care services to the 
juvenile population.
    (14) Traditional practitioners. The facility shall allow juveniles 
to participate in or receive traditional healing ceremonies and to use 
traditional healing methods, limited only to the degree necessary to 
preserve institutional security and order.
    (15) Prohibited use of detainees. Juveniles shall not perform 
duties in the health care program.
    (16) Management of medications. The administrator and health 
authority shall provide for the proper management of individual doses 
of medications that shall be kept in the facility. The administrator 
and health authority shall review the policy annually and update it as 
needed.
    (17) Administration of medications. The administrator or designee 
shall ensure that persons administering medications have received 
training appropriate to their assignment. Employees shall administer 
medications according to direct or physician orders and shall record 
the administration of medications in a manner and on a form approved by 
the responsible physician.
    (18) Preliminary health care screening. Health-trained staff shall 
perform medical screening of all juveniles on arrival at the facility 
and record findings on a printed screening form approved by the health 
authority. The screening process shall include:
    (i) inquiry into:
    (A) current and chronic illness and health problems, including 
dental problems and suicidal thoughts;
    (B) sexually transmitted diseases and other infectious diseases;
    (C) medication taken and special health requirements;
    (D) use of alcohol and other drugs, which includes types of drugs 
used, mode of use, amount used, frequency used, date or time of last 
use and history of problems that may have occurred after ceasing use 
(e.g., convulsions);
    (E) past or present treatment or hospitalization for mental 
disturbance or suicide;
    (F) other health problems designated by the responsible physician; 
and
    (G) mental illness;
    (ii) observation of:
    (A) behavior, including state of consciousness, mental status, 
appear ance, conduct, tremor or sweating; and
    (B) body deformities, trauma markings, bruises, lesions, jaundice 
and ease of movements; and
    (iii) disposition to:
    (A) housing in general population;
    (B) housing in general population and referral to appropriate heath 
care service or substance abuse treatment provider; and/or
    (C) referral to appropriate health care service on an emergency 
basis.
    (19) Health appraisal. The health authority shall provide a health 
appraisal for each juvenile within seven days of admission. A health-
trained professional or otherwise qualified personnel shall collect 
health history and vital signs. Only qualified health care personnel 
shall collect other data. The health appraisal shall include:
    (i) review of the intake health screening and emergency medical 
assessment if performed;
    (ii) screening for diet counselling for medical reasons;
    (iii) collection of additional data to complete the medical, 
dental, psychiatric and immunization histories, with attention to 
elements that may indicate the presence of chronic disease, such as 
diabetes;
    (iv) recording of height, weight, pulse, blood pressure and 
temperature;
    (v) administration of laboratory and other tests and examinations 
as appropriate;
    (vi) notation of additional comments as needed; and
    (vii) initiation of therapy as appropriate.
    (20) Health examination. Qualified health care personnel shall 
complete a health examina tion for each juvenile within thirty days of 
admission. The examination shall include:
    (i) a ``hands-on'' examination by an appropriately licensed health 
care professional;
    (ii) dental screening, hygiene and treatment when the health of the 
juvenile would be adversely affected;
    (iii) mental health appraisal; and
    (iv) additional health care services as indicated by qualified 
health care personnel.
    (21) First aid kits. The administrator shall ensure that first aid 
kits are available in designated areas of the facility as determined by 
the Safety Officer during the annual inspection. The health care 
provider shall determine the appropriate content of first aid kits.
    (22) Special medical/mental health programs. The health authority 
shall provide specialized health education and treatment programs, 
including, but not limited to, personal hygiene, diet and exercise, 
family planning, communicable diseases, including sexually transmitted 
diseases and substance abuse education, prevention, intervention and 
treatment.
    (23) Serious and infectious disease. The administrator and health 
authority shall develop a written plan for the management of juveniles 
with serious and infectious disease. The administrator and health 
authority shall update the plan as needed and review it at least 
annually. The plan shall include, at a minimum precautions taken to 
prevent the spread of disease;
    (24) special needs or requirements of the juvenile; and
    (i) procedures for treatment, limiting activities, if appropriate, 
legally mandated reporting and medical pass-on as directed by the 
health authority; and
    (ii) housing location.
    (25) Detoxification. The administrator and health authority shall 
develop a written plan to guide the clinical management of chemically 
dependent juveniles. The plan shall specify the process for involving 
the health authority and the substance abuse program on both a 
continuing and crisis-intervention basis. The plan shall include:
    (i) assessment as required by Public Law 99-570 or warranted by 
additional indications;
    (ii) detoxification under clinically supervised conditions;
    (iii) diagnosis of chemical dependency;
    (iv) determination as to whether an individual requires non-
pharmacologically or pharmacologically supported care; and
    (v) referrals to specified community resources for the development 
of individual treatment plans by a multi-disciplinary team.
    (26) Substance abuse programming. The administrator and health 
authority shall develop a written plan to provide substance abuse 
education, intervention, assessment and treatment to juveniles who are 
diagnosed as substance abusers. The administrator, health authority and 
substance abuse program provider shall update the plan as needed and 
review it at least annually. The plan shall link existing community 
programs and services to the facility program. The plan shall include, 
at a minimum:
    (i) assessment and evaluation;
    (ii) referral for treatment, if requested or court-ordered; and
    (iii) availability of appropriate self-help groups.
    (27) Informed consent. The health authority shall observe informed 
consent standards of the community for all juvenile care, examinations, 
treatments and procedures affected by informed consent. The informed 
consent of a parent, guardian or legal custodian shall apply when 
required by law. Health care shall be rendered against an juvenile's 
will only in accordance with law.
    (28) Participation in research. The health authority shall prohibit 
the use of juveniles for medical, pharmaceutical, or cosmetic 
experiments. This standard shall not preclude individual treatment of a 
juvenile based on need for a specific medical procedure that is not 
generally available.
    (29) Confidentiality of health records. In compliance with 5 U.S.C. 
552(a) (the Privacy Act of 1974) as amended and 42 CFR Part 2 
(Regulations on Confidentiality of Alcohol and Drug Abuse Patient 
Records), the health authority shall keep the health record 
confidential. The health authority shall require that, at a minimum:
    (i) the active health record shall be maintained separately from 
the confinement record;
    (ii) access to the health record shall be controlled by the health 
authority; and
    (iii) the health authority shall share with the administrator or 
designee information regarding a juvenile's medical management, 
security and the ability to participate in programs.
    (30) Medical record contents. The health authority shall approve 
the method of recording entries in the record and the form and format 
of the record. A juvenile's medical/mental health record shall contain:
    (i) copies of the completed intake screening form;
    (ii) the health appraisal data collection form;
    (iii) prescribed medications and their administration;
    (iv) laboratory, x-ray and diagnostic studies;
    (v) the signature and title of each documenter;
    (vi) consent and refusal forms;
    (vii) release of information forms;
    (viii) place, date and time of health encounters;
    (ix) discharge summary of hospitalization (if applicable); and
    (x) health service reports (e.g., dental, psychiatric and other 
consultations).
    (31) Transfer of health information and records. Summaries or 
copies of the health record shall be sent routinely to the health 
authority of any facility to which the juvenile is transferred. The 
juvenile shall authorize, in writing, the transfer of health records 
and information, unless otherwise provided by law or administrative 
regulation having the force and effect of law.
    (l) Release--(1) Court programs. The facility shall cooperate with 
and assist in coordinating court intervention and diversion programs, 
pretrial release and probation services.
    (2) Temporary release. Temporary release programs shall include:
    (i) provision for release for funerals and ritual or ceremonial 
purposes;
    (ii) sanction by the appropriate court;
    (iii) operating, screening and selection procedures;
    (iv) written rules of juvenile conduct;
    (v) a requirement for supervision of juveniles while on release;
    (vi) a record-keeping system that documents dates, times and 
authorization for release;
    (vii) a system to evaluate program effectiveness; and
    (viii) efforts to obtain community cooperation and support.
    (3) Work or education release. The administrator or designee shall 
allow juveniles in this classification to participate in work or 
education release programs. The appropriate court shall sanction 
education and work release.
    (4) Final release. Written procedures for final release of 
juveniles shall include, but not be limited to:
    (i) verification of identity and release authority;
    (ii) completion of release arrangements, including person or agency 
to whom the juvenile is to be released;
    (iii) verification that all juvenile property leaves with the 
juvenile that no facility property leaves the facility:
    (iv) completion of any pending action, such as grievances or claims 
for damages or lost possessions;
    (v) transfer of health information if appropriate; and
    (vi) transportation arrangements, if required.
    (5) Detainers. The presence of a detainer shall not automatically 
prevent the release of a juvenile from the detention facility.


Sec. 10.24  Juvenile programs and services.

    (a) Program coordination--(1) Availability of programs. The 
facility shall make available juvenile programs and services, 
appropriate to the needs of the juvenile population. These programs and 
services shall include, but not limited to social services, religious 
services, including traditional religious practices and ceremonies, 
recreation and leisure time activities, counseling, including crisis 
intervention, library services, education programs and substance abuse 
programming. The administrator or designee shall link facility programs 
and services to existing community resources.
    (2) Program participation and refusal. Juveniles shall have the 
option to refuse to participate in uncompensated work assignments, 
unless the work is related to housekeeping, maintenance of the facility 
or grounds, personal hygienic needs, or part of an approved training or 
community service program. Program participation and refusal shall be 
documented in writing.
    (3) Program coordinator. A facility of fifty or more juveniles 
shall have a full-time, qualified staff person to plan, coordinate and, 
if applicable, supervise all juvenile programs. Smaller facilities 
shall designate a qualified staff person to plan, coordinate and, if 
applicable, supervise juvenile programs.
    (b) Education and work programs--(1) Education program. In 
conjunction with the applicable education authority, the administrator 
or designee shall develop a written plan for the comprehensive 
education of juveniles. The administrator and applicable education 
authority shall update the plan as needed, review it annually, and 
support it with a Memorandum of Agreement. At a minimum, the plan shall 
include:
    (i) the roles and responsibilities of the facility and the school 
district, compliant with the provisions of Title 94;
    (ii) education release and in-facility education services:
    (iii) education materials and equipment;
    (iv) developmental, remedial, special and cultural education; and
    (v) tutorial services as needed.
    (2) Work programs. The administrator or designee shall develop a 
written juvenile work plan that provides for work for juveniles 
including the disabled. Work may include facility maintenance duties 
and community service projects. The administrator shall prohibit 
discrimination in juvenile work assignments based on race, creed, 
gender, age, marital status, disability or tribal affiliation.
    (3) Regulation of work programs. Facility juvenile work programs 
shall comply with applicable federal regulations. Juveniles shall not 
be permitted to perform any work prohibited by federal or tribal 
regulations and/or statutes pertaining to child labor.
    (c) Recreation, library and religious programming--(1) 
Comprehensive recreation program. The administrator or designee shall 
develop a written recreation and leisure time plan that includes at a 
minimum one hour per day of large muscle activity and one hour of 
structured leisure time activities. Juveniles shall have access to a 
variety of fixed and movable equipment for indoor and outdoor 
recreation.
    (2) Library. The administrator or designee shall develop a written 
plan to provide reading materials to juveniles. The plan shall include 
the criteria for the selection and maintenance of library materials, 
the location where reading materials are kept, the process by which 
juveniles obtain and return these materials and designation of the 
staff member or trained volunteer who is responsible for library 
services. The administrator shall update the plan as needed and review 
it at least annually.
    (3) Religious programs. Juveniles shall have the right to practice 
their religion, subject only to the limitations necessary to maintain 
institutional order and security.
    (d) Correspondence and telephone--(1) Regulation of correspondence. 
The administrator shall regulate juvenile correspondence and shall make 
this policy available to all staff and juveniles. The administrator 
shall review this policy annually and update it as needed.
    (2) Limitations on juvenile correspondence. When the juvenile bears 
the mailing cost, the administrator shall not limit the volume of 
letters the juvenile can send or receive.
    (3) Indigents' correspondence. The administrator or designee shall 
provide indigent juveniles with a system that enables them to send a 
minimum of two letters per week.
    (4) Inspection of letters and packages. The administrator or 
designee may open juvenile letters and packages, both in-coming and 
out-going, to inspect them for contraband. The administrator or 
designee shall not read, censor, or reject letters or packages except 
where there is reliable information that there is a threat to order and 
security or that they are being used to further illegal activities. The 
administrator or designee shall notify juveniles when in-coming or out-
going letters are rejected. The administrator or designee shall deposit 
any cash, checks, or money orders in the juvenile's account and shall 
issue a receipt to both the juvenile and the sender. The administrator 
or designee shall forward any contraband found to the appropriate law 
enforcement authority. The supervisor shall forward all mail within 
twenty-four hours of receipt except for Saturdays, Sundays and 
holidays. Juveniles shall be prohibited from carrying money.
    (5) Privileged correspondence. The administrator shall permit 
juveniles to send sealed letters to specified groups of persons and 
organizations including, but not limited to, courts, including 
probation staff, counsel, officials of the confining authority, 
administrators of grievance systems and members of the releasing 
authority. Mail to juveniles from this specified class of persons and 
organizations shall be opened only to inspect for contraband and only 
in the presence of the juvenile.
    (6) Holding and forwarding mail. The administrator or designee 
shall forward or return first-class letters and packages for juveniles 
after transfer or release.
    (7) Telephone. The administrator or designee shall provide for 
juvenile access to telephones.
    (e) Visiting--(1) Visiting rules. The administrator shall establish 
rules for visiting, which shall provide for informal communication, 
including the opportunity for physical contact.
    (2) Number of visitors. The administrator or designee shall limit 
the number of visitors a juvenile may receive and the length of the 
visits only to the degree necessary in terms of facility schedules, 
space and personnel constraints except where there are substantial 
reasons to justify such limitations.
    (3) Sobriety statement. Facility visitors and volunteers shall sign 
a sobriety statement. The statement shall stipulate that:
    (i) they are not under the influence of alcohol or illegal mood-
altering substances;
    (ii) they are not carrying such substances on their person or in 
their belongings; and
    (iii) they consent to a breath test or non-invasive search as a 
condition of entry, if there is probable cause.
    (4) Searches (visiting). The administrator or designee shall 
provide clear instructions to staff and juveniles concerning juvenile 
and visitor search procedures and the approval required for visual 
observations of unclothed juveniles.
    (5) Special visits. The administrator or designee shall provide for 
special visits from persons who have travelled long distances, to 
hospitalized juveniles and to juveniles in disciplinary status.
    (6) Visitor personal property. Visitors shall not bring personal 
property into the secure area of the facility.
    (7) Visitor registration. The administrator or designee shall 
provide for visitor registration and identification on entry into the 
facility.

Subpart D--Adult Community Residential Facilities


Sec. 10.31  Administration and management.

    (a) General administration--(1) Mission and goals. A written 
statement, which shall be updated as necessary, shall describe the 
philosophy, goals and policies of the facility.
    (2) Administration of facility. An administrator, whose 
responsibility and authority shall be documented, shall oversee each 
facility. The appointment shall be based on written qualifications.
    (3) Organization chart. An organization chart shall describe the 
facility's organization and chain of command. The chart shall be 
updated as needed.
    (4) Service provider roles. A Memorandum of Agreement (MOA), which 
shall be updated as needed and reviewed at least annually, shall define 
the role and function of employees of public or private agencies 
providing a service to the facility. The MOA shall specify the relation 
of service providers to the authority and responsibility of the 
administrator.
    (5) Interagency meetings. The administrator shall conduct regular 
meetings between the staff of criminal justice, detention, social 
service, health care and community residential agencies to develop and 
maintain effective interagency coordination.
    (6) Policy and procedure manual. All employees of the facility 
shall have access to a policy and procedure manual and its supporting 
documents. The Chief, Division of Law Enforcement, shall approve the 
manual and its supporting documents, which shall provide for the 
implementation of these standards and shall direct documentation of 
compliance. The administrator shall update the manual as needed and 
review it annually.
    (7) Dissemination of policy and procedure. The administrator shall 
disseminate approved, new or revised policies and procedures to 
designated staff, volunteers and, where appropriate, residents prior to 
implementation. Staff shall review and indicate in writing that they 
understand the content of policies and procedures prior to their 
implementation.
    (8) Channels of communication. The administrator or designee shall 
regularly disseminate information to staff prior to the beginning of 
their shift.
    (9) Monitoring and assessment. The Agency Superintendent or 
designee shall review and inspect operations and programs at least 
annually.
    (10) Annual report. The administrator shall submit a written annual 
report to the Chief, Division of Law Enforcement, through the Area 
Director and Agency Superintendent, and shall forward a copy to the 
appropriate court and health care authority. The report shall address 
goals, objectives, population data, programs and services provided, 
budget, space and equipment needs and major developments.
    (11) Public information program. The administrator or designee 
shall provide for a public information program.
    (12) Governing board. The facility shall have a local governing 
board or advisory committee which shall be representative of the 
community and shall meet at least semi-annually.
    (13) Meeting with governing board. The governing board shall 
maintain a permanent record of all meetings.
    (14) Legal counsel. Legal counsel shall be available to the 
administrator and other staff as needed in the performance of their 
duties.
    (15) Separation of adults and juveniles. The administrator shall 
prohibit the confinement of juveniles under the age of eighteen within 
the facility.
    (b) Fiscal management--(1) Budgetary compliance. If operated by the 
BIA, the facility shall comply with the directives of the Agency 
regarding budget preparation, submission, and administration. If 
operated by a tribe, the facility shall comply with the directives of 
the tribe regarding budget preparation, submission, and administration.
    (2) Accounting compliance. If operated by the BIA, the facility 
shall comply with the Agency accounting directives. If operated by a 
Tribe, the facility shall comply with Tribal accounting directives.
    (3) Basis of budget. The administrator shall document a direct 
relationship between the budget and planned operational, staffing and 
program needs.
    (4) Property management compliance. If operated by the BIA, the 
facility shall comply with Agency property management directives. If 
operated by a Tribe, the facility shall comply with Tribal property 
management directives.
    (5) Federal acquisition regulation compliance. If operated by the 
BIA, the facility shall comply with Agency directives for facility 
services, equipment and supply purchases. If operated by a tribe, the 
facility shall comply with tribal directives for facility services, 
equipment and supply purchases.
    (6) Space and equipment needs and deficiencies. The administrator 
shall report space and equipment needs and deficiencies annually to the 
Area Director through the Agency Superintendent.
    (7) Program needs and deficiencies. The administrator shall report 
program needs and deficiencies, i.e., staffing, supplies, training and 
contract services, annually to the Chief, Division of Law Enforcement 
through the Area Director and Agency Superintendent.
    (8) Cost of resident board. The facility shall charge all contract 
users at the same rate.
    (9) Fund accounts. The administrator shall arrange for an 
independent audit of resident fund accounts, including canteen or 
commissary, following standard accounting practices. The administrator 
shall use any profit or interest which accrues for the benefit of the 
residents.
    (c) Personnel--(1) Personnel policy. If operated by the BIA, the 
facility shall comply with Agency personnel management directives. If 
operated by a Tribe, the facility shall comply with Tribal personnel 
management directives.
    (2) Personnel manual. The administrator shall make a copy of the 
applicable personnel manuals and regulations available to every 
employee.
    (3) Staffing requirements. The administrator shall review employee 
workload annually to ensure that the legitimate safety and security 
needs of staff and residents are addressed. The administrator shall 
develop and update the facility's shift relief factor annually.
    (4) Criminal record check. The administrator or designee shall 
conduct a criminal record check of all new employees prior to 
employment to determine if there are criminal convictions that have a 
specific relationship to job performance.
    (5) Physical examination. All employees who have direct contact 
with residents shall have a pre-employment physical examination. There 
shall be provisions for re-examination.
    (6) Physical fitness. Community residential workers shall meet BIA 
or comparable tribal standards for physical fitness.
    (7) Code of ethics. The facility shall have a written Code of 
Ethics that outlines the professional standards expected of all 
employees and recognizes that community residential personnel may be 
held to a higher behavioral standard because of the nature of their 
duties.
    (8) Confidentiality. Consultants, contract personnel, employees of 
other public and private agencies and volunteers who work with 
residents shall agree to comply with the facility's policies on 
confidentiality of information.
    (d) Training and staff development--(1) Management of training 
programs. A qualified employee, who has received training in training 
delivery methods, shall plan, coordinate and supervise employee and 
volunteer training programs. The administrator shall identify, evaluate 
and update job-related training needs annually.
    (2) Training curriculum approval. The Chief, Division of Law 
Enforcement, in conjunction with the Indian Police Academy, shall 
approve training programs and curriculum required by these standards.
    (3) Outside resources. The facility shall support the integration 
of IHS-approved and other training with the approval of the 
administrator.
    (4) Education and training. The administrator shall encourage 
employees to continue their education and training.
    (5) Cultural awareness. Orientation training shall include a 
component on cultural issues relative to the local tribe(s).
    (6) Community residential worker orientation training. All new full 
or part-time community residential workers shall receive the number of 
hours of orientation training recommended by the Chief, Division of Law 
Enforcement, during their first year of employment. Employees shall 
complete forty of these hours prior to being independently assigned to 
work in the facility.
    (7) Community residential worker in-service training. All full or 
part-time community residential workers shall receive an additional 
forty hours of job-relevant training each subsequent year of 
employment.
    (8) Clerical and support staff orientation training. All new 
clerical and support staff who have minimal contact with residents 
shall receive the number of hours of orientation and training 
recommended by the Chief, Division of Law Enforcement, within their 
first year of employment.
    (9) Clerical and support staff in-service training. All clerical 
and support staff shall receive an additional sixteen hours of job-
relevant training each subsequent year of employment.
    (10) Administrative and managerial staff orientation training. New 
administrative and managerial staff shall receive at least the number 
of hours of orientation training recommended by the Chief, Division of 
Law Enforcement, within their first year of employment in this 
position.
    (11) Administrative and managerial staff in-service training. 
Administrative and managerial staff shall receive at least twenty-four 
hours of job-relevant training each subsequent year of employment.
    (12) Specialized training. At least one community resident worker 
per shift shall be certified as an emergency medical technician. All 
community residential staff who have contact with residents receive 
training in advanced first aid and CPR.
    (e) Facility Records--(1) Compliance. The facility shall comply 
with 5 U.S.C. 552 (the Freedom of Information Act), 5 U.S.C. 552(a) 
(the Privacy Act of 1974), as amended, 43 CFR 2.79(a), or comparable 
tribal regulations.
    (2) Records management. The facility shall have a system for the 
management, dissemination, retrieval, storage, archiving and (when 
appropriate) destruction of information and community residential 
records.
    (3) Law enforcement sensitive information. Law enforcement 
sensitive records and information shall be marked privileged. The 
administrator or designee shall keep these records in a locked cabinet 
or file room.
    (4) Release of information and consent. Residents shall sign a 
Release of Information Consent Form in compliance with 5 U.S.C. 552(a) 
(the Privacy Act of 1974) as amended prior to the release of privileged 
information. The administrator or designee shall keep a copy of the 
signed release in the resident's record.
    (5) Separation of record contents. The administrator or designee 
shall identify and separate contents of resident records according to 
an established format which, at a minimum, shall separate privileged 
from public information.
    (6) Access to information. The administrator shall define clearly 
personnel who have access to resident records.
    (7) Daily report. The administrator or designee shall maintain a 
daily report which shall identify:
    (i) the names of residents in custody, including residents on 
temporary release or in other locations;
    (ii) names of residents admitted and released; and
    (iii) the number of days each resident has been in the facility.
    (8) Identification and location record. The facility shall maintain 
a system that identifies all residents and their actual physical 
location.
    (9) Resident record. The facility shall maintain resident records 
of all residents held at the facility. The record shall include, but 
not be limited to:
    (i) initial intake form;
    (ii) a copy of the initial detention booking record which resulted 
in this placement;
    (iii) case information from referral source, if available;
    (iv) case history or social history;
    (v) medical record;
    (vi) individual plan or program;
    (vii) signed release of information forms;
    (viii) current employment or education data;
    (ix) signed acknowledgement of receipt of program rules and 
disciplinary policy; documented legal authority to accept resident;
    (x) grievance and disciplinary record;
    (xi) referrals to other agencies; and
    (xii) final release or transfer report.
    (10) Admission information. The administrator or designee shall 
record initial admission information for each resident. The record 
shall included, unless prohibited by statute, at a minimum:
    (i) admission number;
    (ii) name and address;
    (iii) date and place of birth;
    (iv) gender;
    (v) ethnic origin or tribal affiliation;
    (vi) present or last place of employment;
    (vii) emergency contact name, relationship, address and phone 
number;
    (viii) date and time of admission;
    (ix) name of referring agency or committing authority;
    (x) special medical problems or needs;
    (xi) legal status, including jurisdiction, length and conditions of 
sentence; and
    (xii) signature of both resident and employee taking the 
information.
    (11) Conducting research. All research conducted shall comply with 
federal and tribal regulations pertaining to conducting and 
disseminating research findings as well as professional and scientific 
ethics. The administrator, Agency Superintendent and the Area Director 
shall approve all research prior to implementation. The administrator 
shall regulate voluntary resident participation in research.
    (f) Citizen involvement and volunteers--(1) Volunteer coordinator. 
The administrator shall encourage citizen participation in volunteer 
programs by designating a staff member as volunteer coordinator.
    (2) Volunteer plan. The volunteer coordinator shall develop and 
implement a written plan for volunteer services. The volunteer 
coordinator and administrator shall update the plan as necessary and 
review it at least annually. The plan shall include:
    (i) lines of authority;
    (ii) responsibility and accountability for volunteer services;
    (iii) procedures for the screening and selection of volunteers;
    (iv) a volunteer orientation or training program, which is 
appropriate to the nature of the assignments;
    (v) a requirement that volunteers shall agree in writing to abide 
by all facility rules, policies, procedures and practices, particularly 
those related to security and confidentiality of information; and
    (vi) a statement that the administrator may discontinue a volunteer 
activity at any time by written notice.


Sec. 10.32  Physical plant.

    (a) Code compliance--(1) Building and safety code compliance. If 
owned by the Bureau, the facility shall comply with 29 CFR Part 1910, 
Subparts D, E, G and L. If owned by a tribe, the facility shall comply 
with the National Fire Protection Association (NFPA) Life Safety Code 
101 Chapters 2, 4 through 7, and 16 (if new community residential 
occupancy) or 17 (if existing community residential occupancy), or 
comparable tribal regulations.
    (2) Zoning. The facility shall comply with applicable zoning and 
land use requirements.
    (3) Accessibility. The facility shall comply with 25 U.S.C. 794 
(the Rehabilitation Act of 1973) as amended, 41 CFR 101-19.6 (Uniform 
Federal Accessibility Standards), and 43 CFR Part 17.
    (4) OSHA compliance. The facility shall comply with 29 CFR Part 
1910, Subparts C through E, G, K, L and S (Occupational Health and 
Safety Standards) or comparable tribal regulations. If other activities 
governed by sections of 29 CFR Part 1910 not identified in this 
standard are carried out in the facility, the section(s) of 29 CFR Part 
1910 governing that activity or comparable tribal regulations apply.
    (5) Health and safety inspection. In compliance with 29 CFR Part 
1960 Subparts B through D, the facility shall receive at least one 
inspection each year by a qualified safety and health inspector and 
Environmental Health Specialist and/or Sanitarian. Any request for 
inspection shall be directed to the Area Safety Manager or Officer 
through the Agency Superintendent.
    (6) Furnishings and equipment code compliance. The administrator 
shall maintain documentation by an independent, qualified source that 
the interior furnishing materials in inmate living areas, exit areas 
and places of public assembly shall be in accordance with NFPA Life 
Safety Code Section 6-5 or comparable tribal regulations.
    (b) Facility organization--(1) Separation from detention. When the 
facility is part of or attached to a detention facility, residents 
shall be housed separately from detained inmates. Community residential 
facility residents and detained inmates shall not use program and 
activity spaces at the same time.
    (2) Separation of males and females. The facility shall provide for 
sight and sound separation of male and female residents in their 
sleeping, shower and toilet areas.
    (3) Rated capacity. The number of residents shall not exceed the 
facility's rated capacity.
    (4) Location. The facility shall be located conveniently for 
criminal justice agencies, the health authority, community agencies and 
residents' legal representatives, families and friends.
    (c) Environmental conditions--(1) Artificial light levels. Lighting 
levels in resident cells or rooms shall be at least twenty footcandles 
at the desk and in the personal grooming areas. Lighting levels 
throughout the facility shall be appropriate to the tasks and 
activities carried out in its spaces. An independent, qualified source 
shall document lighting levels.
    (2) Noise levels. Noise levels shall not exceed seventy decibels in 
the daytime and forty five decibels at night. An independent, qualified 
source shall document noise levels.
    (3) Indoor air quality. Air circulation shall be at least ten cubic 
feet of outside or recirculated filtered air per minute per occupant. 
An independent, qualified source shall document air circulation.
    (4) Use of tobacco. The administrator shall regulate the use of 
tobacco in the facility by staff, residents and the public.
    (5) Heating and cooling. Temperatures shall be appropriate to the 
summer and winter comfort zones.
    (d) Security and control--(1) Emergency exits. In compliance with 
29 CFR 1910.37, designated exits in the facility shall permit prompt 
evacuation of residents and staff members in an emergency. Facility 
exits shall be properly positioned, clear and distinctly and 
permanently marked.
    (2) Emergency equipment. The facility shall have the equipment 
necessary to maintain essential lights in an emergency.
    (e) New facility planning process--(1) New facility planning 
requirement. All new construction, renovation and expansion projects 
shall follow the Planning of New Institutions (PONI) process as 
required by 25 CFR Part 296.
    (2) Safety management review. The design and specifications for all 
new construction, renovation and expansion projects shall be reviewed 
by the Bureau of Indian Affairs in compliance with 29 CFR 1960, Suparts 
B through D.
    (f) New construction, renovation and expansion--(1) Single 
occupancy requirements. Only one resident shall occupy each room 
designed for single occupancy. All single rooms shall have at least 
sixty square feet of floor space of which no more than four square feet 
is closet or wardrobe space. Each room shall have, at a minimum:
    (i) natural light;
    (ii) bed, mattress, pillow and bedding;
    (iii) access to toilets, wash basins and showers with some degree 
of privacy; and closet or locker space for the storage of personal 
items.
    (2) Multiple occupancy requirements. Where used, multiple occupancy 
rooms shall provide:
    (i) a minimum of sixty square feet of floor space per occupant in 
the sleeping area of which no more than four square feet is closet or 
wardrobe space;
    (ii) natural light;
    (iii) access to toilets, washbasins and showers, with some degree 
of privacy; and
    (iv) some degree of privacy in the sleeping area.
    (3) Space, furnishings and conditions for dayrooms. The facility 
shall provide dayroom space sufficient for facility residents. The 
dayroom shall provides:
    (i) natural light;
    (ii) a minimum of thirty-five square feet of space per resident; 
and
    (iii) seating and writing surfaces, sufficient for the number of 
residents who use the dayroom.
    (4) Toilets. The facility shall provide operable toilets at a 
minimum ratio of one for every twelve residents in male facilities and 
one for every eight residents in female facilities. Urinals may be 
substituted for up to one-half of the toilets in male facilities. All 
housing units with three or more residents shall have two toilets.
    (5) Wash basins. Residents shall have access to operable wash 
basins with hot and cold running water in the housing units at a 
minimum ratio of one basin for every twelve occupants.
    (6) Showers. Residents shall have access to operable showers with 
temperature-controlled hot and cold running water at a minimum of one 
shower for every eight residents. Water for showers shall be 
thermostatically controlled to temperatures ranging from one hundred 
degrees to one hundred-twenty degrees Fahrenheit.
    (7) Housing for the disabled. Disabled residents shall be housed in 
a manner that provides for their safety in compliance with 25 U.S.C. 
794 (the Rehabilitation Act of 1973) as amended, 41 CFR 101-19.6 
(Uniform Federal Accessibility Standards), and 43 CFR Part 17, yet 
prevents their being discriminated against in their use of the 
facility.
    (8) Exercise and recreation areas. The facility shall provide 
access to outdoor, covered or enclosed exercise areas. Outdoor exercise 
areas shall provide a minimum of one thousand five hundred square feet 
of unencumbered space; covered and enclosed exercise areas shall 
provide a minimum of one thousand square feet of unencumbered space. 
Exercise areas shall be adequate in size and type to ensure that each 
resident shall be offered at least one hour of access daily regardless 
of climatic conditions.
    (9) Multi-purpose and interview rooms. The facility shall provide a 
minimum of one accessible multi-purpose room and one accessible 
interview room.
    (10) Visiting spaces. The facility shall provide space and 
furnishings for group activities and visits. The space shall allow 
contact between residents and visitors.
    (11) Food service spaces. When the facility provides for food 
preparation, it shall have adequate space for food processing, storage, 
refrigeration and sanitation. Toilet and wash basin facilities shall be 
available to food service personnel and residents in the vicinity of 
the food preparation area. The square footage of the kitchen shall be 
appropriate to the needs of the facility. The facility shall provide a 
dining area with a minimum of fifteen square feet per occupant.
    (12) Storage spaces. The facility shall provide the following 
storage spaces:
    (i) a secure, well-ventilated janitor closet, which includes sink 
and adequate space for the storage of cleaning implements and supplies;
    (ii) secure storage for flammable, toxic and caustic items; and
    (iii) storage space for resident clothing, bedding, mattresses, 
personal hygiene items and facility supplies.
    (13) Laundry. The facility shall have a minimum of one operable 
washer and one operable dryer, appropriate to the level of use, or 
equivalent laundry services available in the community.
    (14) Medication storage. The facility shall provide space for the 
secure storage of medications kept in the facility.
    (15) Staff toilets. The facility shall provide staff toilets that 
residents shall not use.
    (16) Public spaces. The facility shall provide public restroom(s) 
and a visitor waiting or entry with an adequate number of seats to 
accommodate anticipated visitors outside resident living areas.
    (17) Administration. The facility shall provide adequate space for 
its administrative functions. This space shall include an office for 
the administrator, work space for clerical staff, space for duplication 
of copies, supply and equipment storage, space for storage of facility 
records and space for meetings.
    (18) Staff. The facility shall provide adequate space for staff 
assigned to work in the facility. These spaces include an area in which 
they can store personal property, change clothes and shower, and an 
area in which training, meetings, briefings and breaks can occur.
    (19) Mechanical. The facility shall provide separate and adequate 
space for mechanical systems and equipment.


Sec. 10.33  Institutional operations.

    (a) Security and control--(1) Full coverage of posts. At least one 
staff person shall be on the facility premises, awake, available and 
responsible to residents' needs twenty-four hours a day. The staffing 
pattern of the facility shall concentrate staff at the times when most 
residents are in the facility.
    (2) Supervision of coed activities. Facility staff shall supervise 
male and female residents in coed activities and spaces continuously 
and directly.
    (3) Male and female staff requirement. When both males and females 
are housed in the facility, at least one male and female staff member 
shall be on duty at all times.
    (4) Prohibited supervision. No resident or group of residents shall 
be given control or authority over other residents.
    (5) Counts. The facility shall have a system to physically count 
residents that includes strict accountability for residents assigned to 
work and education release and other approved temporary releases.
    (6) Movement. Community residential staff shall regulate all 
resident movement outside the facility.
    (7) Transportation of residents. The administrator shall govern the 
safe and secure transportation of residents outside the facility.
    (8) Use of vehicles. The administrator shall govern the use of 
departmental and personal vehicles for official purposes and shall 
prohibit the use of personal vehicles for transportation of residents.
    (9) Shift activity log. The facility shall maintain a written 
record of the following:
    (i) personnel on duty;
    (ii) resident population at the beginning and end of each shift;
    (iii) record of counts taken;
    (iv) shift activities; and
    (v) unusual occurrences or incidents.
    (10) Weekly inspection. The administrator or designee shall inspect 
all facility spaces and equipment at least weekly, to determine the 
status of all security items and the sanitary condition of the 
facility. The administrator or designee shall document the inspection 
and initiate corrective action if needed.
    (11) Monthly inspection. The administrator shall inspect all areas 
of the facility at least monthly to determine the status of all safety 
items, determine the sanitary condition of the facility, document the 
inspection and initiate corrective action if needed.
    (12) Fire safety inspection. A qualified fire protection specialist 
shall inspect the facility to test the fire suppression and detection 
system, equipment and facility training in compliance with 29 CFR 
1910.36(d), 1910.37(m), 1910.37(n), 1910.38, and 29 CFR 1960, Subpart 
D.
    (13) Use of restraints. Staff shall use instruments of restraint 
are only used as a precaution against escape during transfer. Staff 
shall use restraints during transfer only with the approval of the 
administrator or designee and only for the amount of time that is 
absolutely necessary.
    (14) Contraband control. The administrator shall provide for 
searches of facilities and residents to control contraband and to 
provide for its disposition. When a new crime is suspected, the 
administrator shall be notified. The administrator shall maintain and 
make available to the appropriate authorities all evidence.
    (15) Visual inspections. Trained staff shall conduct visual 
inspections of unclothed residents only when there is a reasonable 
belief that the resident is carrying contraband or other prohibited 
material or at the time of admission if the resident is admitted from 
the community. Trained staff of the same sex as the resident shall 
conduct all visual inspections in private.
    (16) Key and tool control. The administrator shall govern the 
control, issuance, use and storage of keys, tools and culinary and 
medical equipment.
    (17) Use of force and firearms. The facility shall comply with 25 
CFR 11.304 with regard to the use of force, firearms, chemical agents, 
or any other weapon. The administrator shall prohibit the presence of 
firearms of any kind within the facility or on its grounds.
    (b) Safety and emergency procedures--(1) Fire prevention. The 
administrator shall govern the storage and use of all flammable, toxic 
and caustic materials, the use of non-combustible receptacles for 
smoking materials, the amount of personal items, including reading 
materials, which residents may keep in their living units and the 
amount and location of items stored in the facility.
    (2) Preventive maintenance. The administrator or designee shall 
develop a written plan for preventive maintenance of the facility. The 
administrator shall review the plan annually and update it as needed. 
If tribally operated, the plan shall be supported by a Memorandum of 
Agreement between the tribe and the Agency.
    (3) Evacuation plan. The administrator shall develop a written 
evacuation plan prepared in case of fire or major emergency. The plan 
shall comply with 29 CFR 1910.38 or comparable tribal code. The 
applicable Safety Officer or designee shall review and approve the plan 
initially and annually. The administrator shall update and reissue the 
plan if necessary. The plan shall include:
    (i) location of floor plans;
    (ii) use of exit signs and directional arrows for traffic flow;
    (iii) location of a publicly posted plan;
    (iv) at least quarterly drills in all facility locations; and
    (v) coordination with the fire department which services the 
facility.
    (4) Emergency plans. The administrator or designee shall develop 
written plans that specify procedures to be followed in emergency 
situations. The administrator shall make these plans available to 
applicable personnel and shall review and update them at least 
annually. All facility personnel shall be trained in the implementation 
of these plans. Emergency situations shall include, but not be limited 
to:
    (i) riots and disturbances;
    (ii) hunger strikes;
    (iii) hostage situations;
    (iv) work stoppages;
    (v) unattended deaths, including successful suicides;
    (vi) attempted suicides;
    (vii) escapes and unauthorized absences; and
    (viii) other threats to the security of the facility.
    (5) Incident reporting. The administrator shall require the 
immediate reporting of all incidents that result in physical harm to 
any person, threaten the safety of any person, result in the need for 
emergency care, result in damage to the facility or facility property, 
threaten the security of the facility, or involve the commission of a 
criminal offense. The administrator shall forward the reports to the 
Agency Superintendent through the appropriate chain of command.
    (6) Medical treatment (incident). The administrator or designee 
shall ensure that all persons injured in an incident receive an 
immediate medical examination and treatment.
    (7) Notification of family. The administrator shall provide for the 
notification of persons designated by the resident in the event of 
serious illness, injury or death.
    (c) Rules and discipline--(1) Rules of conduct. The administrator 
shall develop written rules of resident conduct that specify acts 
prohibited within the facility and penalties that may be imposed for 
various degrees of violations. The administrator or designee shall 
provide these to all residents and shall ensure that all residents 
understand them. All personnel who deal with residents shall receive 
sufficient training prior to working in the facility to be thoroughly 
familiar with the rules of resident conduct, the sanctions available 
and the rationale for the rules. The administrator shall review the 
written rules of resident conduct annually and update them, if 
necessary, to ensure that they are consistent with constitutional and 
legal principles as well as BIA and tribal standards and codes.
    (2) Minor infractions. The administrator shall provide guidelines 
for the informal resolution of minor resident misbehavior.
    (3) Grievance procedure. The administrator or designee shall make a 
written grievance procedure available to all residents. The procedure 
shall include at least one level of appeal.
    (4) Criminal violations. In instances in which a resident is 
alleged to have committed a crime, the administrator or designee shall 
refer the case to the appropriate law enforcement officials for 
possible prosecution.
    (5) Disciplinary reports. When rule violations require formal 
resolution, staff members shall prepare a disciplinary report and 
forward it to the administrator or designee. The disciplinary report 
shall include, but is not limited to:
    (i) specific rules violated;
    (ii) a formal statement of the charge(s);
    (iii) an explanation of the event, which shall include who was 
involved, what transpired and the time and location of the occurrence;
    (iv) unusual resident behavior;
    (v) staff witnesses;
    (vi) disposition of any physical evidence;
    (vii) any immediate action taken, including the use of force; and
    (viii) reporting staff member's signature; and
    (ix) date and time the report is made.
    (6) Disciplinary process. Residents shall receive notification of 
the rules violated, a formal statement of the charge, a description of 
the incident and notice of the date and time of hearing. The 
administrator or designee shall advise residents of their rights to be 
present at the hearing, to call witnesses on their behalf, to make a 
statement, to present documentary evidence, and to ask for assistance 
from staff in representing them at the hearing. An impartial person or 
panel of persons shall conduct the hearing.
    (7) Immediate removal from program for disciplinary reasons. The 
administrator shall provide for the immediate return of a resident for 
an alleged disciplinary violation to a secure facility if the safety of 
the resident, other residents, staff or the security of the facility is 
at stake.
    (8) Disciplinary detention. The administrator shall remove 
residents from program for a disciplinary violation only after a 
hearing.
    (9) Record of disciplinary hearing. The persons conducting the 
disciplinary hearing shall make a written copy of the decision and its 
disposition and shall provide copies to the resident and the 
administrators of the secure and community residential facilities for 
review. Residents shall have the right to appeal the decision to the 
administrator of the community residential facility or the next level 
of authority. The disciplinary report shall be removed from all files 
of residents found not guilty of an alleged rule violation.
    (d) Removal from program--(1) Emergency removal. Pursuant to a 
placement order, the administrator of the facility or designee can 
order immediate removal from program and return to a secure facility 
when it is necessary to protect the resident or others. The immediate 
supervisor of the person ordering removal from program or the 
contracting officer shall review this action within three working days.
    (2) Return to program. The administrator or designee shall use a 
review process to reinstate a resident who has been removed from 
program.
    (e) Resident rights--(1) Access to courts, counsel and legal 
materials. Residents shall have the right to have access to attorneys, 
legal representatives, the courts and legal materials and to address 
uncensored communications to governmental authorities.
    (2) Freedom from discrimination. Residents shall have the right to 
be free from discrimination based on race, religion, national origin, 
tribal affiliation, sex, disability, political beliefs, favoritism or 
nepotism. Residents shall have the right to equal access to programs 
and work assignments as provided in the classification program.
    (3) Equal access for women. Male and female residents shall have 
the right to equal access to programs and services.
    (4) Right to communicate. Residents shall have the right to receive 
visits and to communicate or correspond with persons or organizations, 
subject only to the limitations necessary to maintain order and 
security.
    (5) Protection from harm. Residents shall have the right to 
protection from personal abuse, corporal punishment, personal injury, 
disease, property damage and harassment, by either staff or residents.
    (6) Freedom of personal grooming. Residents shall have the right to 
determine the length and style of scalp or facial hair, unless health 
and safety reasons exist.
    (7) Treatment. Residents shall have the right to medical, dental, 
mental health and substance abuse treatment and rehabilitative services 
as directed by the health authority.
    (f) Admission--(1) Admission policies. The facility shall have 
clearly defined written procedures governing admission.
    (2) Documentation of commitment. Court order, statute or compact 
shall document legal commitment authority.
    (3) Notification of non-acceptance. The administrator or designee 
shall advise the referring agency when a prospective resident is not 
accepted into the program, citing specific reasons.
    (4) Admission criteria. The administrator shall distribute a copy 
of admission policies and criteria to referring agencies and interested 
parties.
    (5) Admission process. Written procedures for admitting new 
residents shall include, at a minimum:
    (i) verification of court commitment papers or other legal 
documentation for placement;
    (ii) inventory of clothing and personal property taken into the 
facility;
    (iii) receipt of health record if required because of transfer;
    (iv) completion of admission form as required by these standards;
    (v) orientation; and
    (vi) assignment to a room.
    (6) Suicide screening. The administrator or designee shall ensure 
that all residents have been screened for suicide risk prior to 
acceptance in the community residential program.
    (7) Orientation. All newly admitted residents shall receive written 
or oral information in the language they understand. The admitting 
officer shall document completion of orientation by a statement that 
shall be signed and dated by the resident and employee. The orientation 
shall include, but not be limited to:
    (i) resident rules of conduct and potential disciplinary actions 
that may be taken;
    (ii) programs and services available in the facility or community;
    (iii) procedures for accessing health care services; and
    (iv) resident rights and privileges.
    (8) Personal property inventory. The admitting employee shall 
complete a written, itemized inventory of all personal property of 
newly admitted residents. The resident shall sign a waiver of liability 
for all personal property taken into the facility.
    (9) Regulation of resident property. The administrator or designee 
shall identify personal property that residents may receive or keep in 
their possession while in the facility, the sources from which these 
items may be obtained and how these items are received and inspected.
    (g) Classification--(1) Classification policy. The administrator or 
designee shall screen all residents and classify them as appropriate 
for community residential status prior to placement in the community 
residential facility. The administrator or designee shall review these 
policies and procedures annually and update them as necessary.
    (2) Prohibited segregations. The administrator shall prohibit the 
segregation of residents by race, color, creed, tribal affiliation, 
national origin, political beliefs, nepotism, favoritism or other 
prohibited criteria.
    (h) Food service--(1) Food service records. At a minimum, the 
facility shall maintain records of the number of meals served to the 
resident population, the expenditures for food supplies and menus 
(planned and as served).
    (2) Dietary allowances. The facility shall document that a 
registered dietician reviews dietary allowance at least annually to 
ensure compliance with nationally recommended food allowances. A diet 
manual, approved by a registered dietician, shall guide dietary 
allowances, including special diets.
    (3) Menu planning. The administrator or designee shall plan, date 
and make all menus available for review at least one week in advance. 
The administrator or designee shall make notations of any 
substitutions, which shall be of equal nutritional value, in the meals 
actually served. The administrator or designee shall consider Native 
American food preferences in menu planning. The administrator or 
designee shall direct that menu evaluations shall be conducted at least 
quarterly to verify adherence to the nationally recommended basic daily 
servings.
    (4) Medical special diets. The administrator or designee shall 
provide for special diets that are prescribed by appropriate medical or 
dental personnel.
    (5) Religious preference special diets. The administrator or 
designee shall provide for special diets for residents whose beliefs 
require adherence to religious dietary laws.
    (6) Food and discipline. The administrator shall prohibit the use 
of food as a disciplinary measure.
    (7) Health protection. Food service facilities and equipment shall 
meet health and safety standards. Food service personnel and residents 
working in the food service area shall comply with applicable health 
regulations. The administrator or designee shall document compliance 
with health and safety regulations, including but not limited to, a 
pre-assignment medical examination.
    (8) Inspections of food products. The appropriate government agency 
shall inspect and approve food products that are grown or produced 
within the system. The administrator or designee shall implement a 
distribution system that ensures prompt delivery of foodstuffs.
    (9) Inspection of food service area. The administrator or designee 
shall conduct a weekly inspection of all food service areas and 
equipment to ensure that they are sanitary, that all food storage areas 
are temperature controlled, and that food service personnel have made 
daily checks of refrigerator and water temperatures.
    (10) Meal service. The facility shall serve meals under the direct 
supervision of staff. The facility shall provide at least three meals, 
of which two shall be hot, served at regular meal times during each 
twenty-four hour period, with no more than fourteen hours between the 
evening meal and breakfast. Provided that basic nutritional goals are 
met, variations may be allowed based on weekend and holiday food 
service demands.
    (i) Sanitation and hygiene--(1) Water supply. The administrator 
shall maintain documentation that the entity which provides the 
facility's water source, supply, storage and distribution system meets 
the requirements of 42 U.S.C. 300g-6 (the Safe Drinking Water Act).
    (2) Sewage system. The administrator shall maintain documentation 
that entity which provides the facility's sewage system complies with 
33 U.S.C. 1251 et seq. (the Clean Water Act of 1977).
    (3) Sanitation plan. The administrator or designee, in cooperation 
with the BIA or tribal maintenance program, shall develop a written 
housekeeping plan for all areas of the physical plant. The 
administrator or designee shall update the plan as needed and review it 
at least annually. The plan shall provide for daily housekeeping and 
regular maintenance by assigning specific duties to staff, residents 
and BIA or tribal Facility Maintenance. The plan shall require that:
    (i) Facility floors be kept clean, dry and free of hazardous 
substances;
    (ii) A qualified person conduct monthly inspections to control 
vermin and pests;
    (iii) Solid and liquid wastes be disposed of properly;
    (iv) Clean, suitable and presentable bedding, linens, towels and 
(if applicable) clothing be issued to new residents and exchanged on at 
least a weekly basis;
    (v) Necessary cleaning and storage of resident personal clothing be 
provided;
    (vi) Articles needed for personal hygiene be furnished; and
    (vii) Sufficient facilities in the housing areas to permit 
residents to shower or bathe on admission to the facility and daily 
thereafter.
    (4) Special clothing issue. The facility shall provide for the 
issue of special and, where appropriate, protective clothing and 
equipment to residents participating in special work assignments. Such 
clothing shall be available in quantities that permit exchange as 
frequently as the work assignment requires.
    (5) Hair care. The administrator or designee shall allow residents 
to arrange for hair cutting services.
    (j) Health care--(1) Written health care plan. A written plan shall 
provide for the delivery of health care services, including medical, 
dental, mental health and substance abuse treatment, under the control 
of a designated health authority. The plan shall include the 
participation of IHS, social services and tribal health care providers. 
A Memorandum of Agreement between the administrator and the Director of 
the appropriate Indian Health Service (IHS) Service Unit or IHS 
contract health care provider shall document the health care plan. When 
this authority is other than a physician, final medical judgments shall 
rest with a single responsible physician, designated by the appropriate 
health authority, who shall meet the applicable licensure requirements.
    (2) Health program coordinator. In facilities without full-time, 
qualified health personnel, a health-trained staff member shall 
coordinate the health care delivery system in the facility under the 
joint supervision of the responsible health authority and the 
administrator.
    (3) Annual review. The administrator and the health authority shall 
update the plan as needed, review it annually to determine program 
needs include staffing, equipment and supplies and document its review 
by signature and date.
    (4) Medical/mental health judgment. Medical, dental and mental 
health matters involving clinical judgments shall be the sole province 
of the responsible physician, dentist and/or psychiatrist or qualified 
psychologist.
    (5) Security regulations. Security regulations applicable to 
facility personnel shall apply to health personnel.
    (6) Meetings with provider. The health authority shall meet with 
the administrator or designee at least quarterly to review and evaluate 
the health care delivery system. The health authority shall provide an 
annual statistical report which documents the level and amount of 
health care services provided.
    (7) Review of health care policies. The health authority and the 
administrator shall review and approve all policies and procedures 
relative to the health care plan prior to submission of these policies 
to the Chief, Division of Law Enforcement. Policies and procedures 
shall be reviewed at least annually and documented by signature and 
date.
    (8) Health training program. The responsible health authority, in 
cooperation with the administrator, shall establish a health training 
program. The program shall provide instruction in the following areas:
    (i) Appropriate procedures to prevent the spread of communicable 
diseases;
    (ii) Ability to respond to health-related situations within four 
minutes;
    (iii) Recognition of signs, symptoms and actions required in 
potential emergency situations;
    (iv) Recognition of chronic illness;
    (v) Administration of first aid and cardiopulmonary resuscitation 
(CPR);
    (vi) Methods of obtaining assistance from the health care provider;
    (vii) Recognition of signs and symptoms of and management of 
residents with mental illness, retardation, emotional disturbance, 
chemical dependency and suicidal behavior; and
    (viii) Procedures for patient transfers to appropriate medical 
facilities or health care providers.
    (9) Sick call. The administrator or designee shall provide for the 
collection and referral of resident requests for health care. The 
facility shall have a system of sick call in-house or at the health 
care facility. The system shall include provision for referral of 
residents by staff for medical or other behavioral health evaluation, 
i.e, mental health, substance abuse, suicide. Sick call shall be held 
no less than once per week.
    (10) Twenty-four-hour emergency care. The administrator and health 
authority shall develop a written plan for the provision of twenty-four 
hour emergency medical, dental and mental health care. The 
administrator and the health authority shall update the plan as needed 
and shall review it at least annually. At a minimum, the plan shall 
include:
    (i) Emergency evacuation of the resident from the facility;
    (ii) Emergency evaluation of the resident for medical or mental 
health problems;
    (iii) Use of an emergency medical vehicle;
    (iv) Use of one or more designated hospital, clinic, emergency on-
call physician, dentist, psychiatrist, qualified psychologist or 
otherwise qualified clinician; and
    (v) Procedures that provide for the immediate transfer of residents 
when appropriate.
    (11) Health care treatment. Health care staff or health-trained 
community residential staff shall perform treatment pursuant to written 
direct orders by personnel authorized by law to give such orders.
    (12) Licensure requirements. The health authority shall comply with 
all applicable federal law, licensure requirements, rules, regulations 
and medical protocols in the delivery of health care services to the 
resident population.
    (13) Traditional practitioners. The facility shall allow residents 
to participate in or receive traditional healing ceremonies and to use 
traditional healing methods, limited only to the degree necessary to 
preserve institutional security and order.
    (14) Prohibited use of residents. Residents shall not perform 
direct patient services, schedule health care appointments, determine 
access of other residents to health care services, access to first aid 
kits, handle or have access to surgical instruments, syringes, needles, 
medications, or health records, or operate equipment for which they are 
not trained.
    (15) Management of medications. The administrator and health 
authority shall provide for the proper management of individual doses 
of medications kept in the facility. The administrator and health 
authority shall review the policy annually and update it as needed.
    (16) Administration of medications. The administrator or designee 
shall ensure that persons administering medications have received 
training appropriate to their assignment. Employees shall administer 
medications according to direct or physician orders and shall record 
the administration of medications in a manner and on a form approved by 
the responsible physician.
    (17) Preliminary health care screening. The administrator or 
designee shall ensure that all residents have received a health 
screening interview prior to acceptance into the community residential 
program.
    (18) Health appraisal. The health authority shall provide a health 
appraisal for each resident is provided within fourteen days of 
admission unless there is documentation that the resident has had an 
appraisal within thirty days prior to admission to the facility. A 
health-trained professional or otherwise qualified personnel shall 
collect health history and vital signs. Only qualified health care 
personnel shall collect other data. The health appraisal shall include:
    (i) Review of the transferred health record and/or health 
screening;
    (ii) Screening for diet counseling for medical reasons;
    (iii) Collection of additional data to complete the medical, 
dental, psychiatric and immunization histories, if not already 
available;
    (iv) Recording of height, weight, pulse, blood pressure and 
temperature, if not already available;
    (v) Administration of laboratory and other tests and examinations 
as appropriate, if medically indicated;
    (vi) Notation of additional comments as needed; and
    (vii) Initiation of therapy as appropriate.
    (19) Health examination. Qualified health care personnel shall 
complete a health examina tion for each resident within thirty days of 
admission. The examination shall include:
    (i) A ``hands-on'' examination by an appropriately licensed health 
care professional;
    (ii) Dental screening, hygiene and treatment when the health of the 
resident would be adversely affected; and
    (iii) Additional health care services as indicated by qualified 
health care personnel.
    (20) First aid kits. The administrator shall ensure that first aid 
kits are available in designated areas of the facility as determined by 
the Safety Officer during the annual inspection. The health care 
provider shall determine the appropriate content of first aid kits.
    (21) Special medical programs. The health authority shall provide 
specialized health education and treatment programs, including, but not 
limited to, personal hygiene, diet and exercise, family planning, 
communicable diseases, including sexually transmitted diseases and 
substance abuse education, prevention, intervention and treatment.
    (22) Detoxification. The administrator and health authority shall 
develop a written plan to guide the clinical management of chemically 
dependent residents. The plan shall specify the process for involving 
the health authority and the substance abuse program on both a 
continuing and crisis intervention basis. The plan shall include:
    (i) Completion of assessment prior to admission into the program;
    (ii) Validation that the individual only requires non-
pharmacologically supported care;
    (iii) Integration of individual treatment plans into the 
individualized program plan; and
    (iv) Referrals to specified community resources on release when 
appropriate.
    (23) Substance abuse programming. The administrator and health 
authority shall develop a written plan to provide substance abuse 
education, intervention, assessment and treatment to residents who are 
diagnosed as substance abusers. The administrator, the health authority 
and the substance abuse program provider shall update the plan as 
needed and review it at least annually. The plan shall link existing 
community programs and services to the facility program. The plan shall 
include, at a minimum:
    (i) Assessment and evaluation;
    (ii) Referral for treatment, if requested or court-ordered; and
    (iii) Availability of appropriate self-help groups.
    (24) Informed consent. The health authority shall observe informed 
consent standards of the community for all resident care, examinations, 
treatments and procedures affected by informed consent. Health care 
shall not be rendered against a resident's will.
    (25) Participation in research. The health authority shall prohibit 
the use of residents for medical, pharmaceutical, or cosmetic 
experiments. This standard shall not preclude individual treatment of a 
resident based on need for a specific medical procedure that is not 
generally available.
    (26) Confidentiality of health records. In compliance with 5 U.S.C. 
552(a) (the Privacy Act of 1974) as amended and 42 CFR Part 2 
(Regulations on Confidentiality of Alcohol and Drug Abuse Patient 
Records), the health authority shall keep the health record 
confidential. The health authority shall require that, at a minimum:
    (i) The active health record be maintained separately from the 
program record;
    (ii) Access to the health record be controlled by the health 
authority; and
    (iii) The health authority shall share with the administrator of 
the facility or designee information regarding a resident's medical 
management, security and the ability to participate in programs.
    (27) Medical record contents. The health authority shall approve 
the method of recording entries in the record and the form and format 
of the record. A resident's medical record shall contain:
    (i) Transferred health record;
    (ii) Copies of the completed intake screening form, if separate;
    (iii) The health appraisal data collection form, if separate;
    (iv) Prescribed medications and their administration;
    (v) Laboratory, x-ray and diagnostic studies;
    (vi) The signature and title of each documenter;
    (vii) Consent and refusal forms;
    (viii) Release of information forms;
    (ix) Place, date and time of health encounters;
    (x) Discharge summary of hospitalization (if applicable); and
    (xi) Health service reports (e.g., dental, psychiatric and other 
consultations).
    (28) Transfer of health information and records. Summaries or 
copies of the health record shall be sent routinely to the health 
authority of any facility to which the resident is transferred. The 
resident shall authorize, in writing, the transfer of health records 
and information, unless otherwise provided by law or administrative 
regulation having the force and effect of law.
    (k) Release--(1) Temporary release. Temporary release programs 
shall include:
    (i) Identification of the circumstances under which residents may 
be released on a temporary basis;
    (ii) Operating procedures;
    (iii) Written rules of resident conduct;
    (iv) A record-keeping system that documents dates, times and 
authorization for release;
    (v) A system to evaluate program effectiveness; and
    (vi) Efforts to obtain community cooperation and support.
    (2) Work or education release. The administrator or designee shall 
encourage residents to participate in work or education release 
programs. The appropriate court shall sanction education and work 
release.
    (3) Final release. Written procedures for the final release of 
residents shall include, but not be limited to:
    (i) Verification of identity and release authority, including 
verification of completion of terms of the sentence;
    (ii) Verification that all resident property leaves with the 
resident and that no facility property leaves the facility;
    (iii) Completion of any pending action, such as grievances or 
claims for damages or lost possessions;
    (iv) Transfer of health information if appropriate; and
    (v) Transportation arrangements, if required.
    (4) Sentence reduction. Where tribal code permits, the 
administrator or designee shall allow sentence reduction based on 
evidence of good behavior.
    (5) Detainers. The presence of a detainer shall not automatically 
prevent the release of a resident from the community residential 
facility.


Sec. 10.34  Resident programs and services.

    (a) Individual program plan--(1) Development of individual program 
plan. Within the first two weeks of admission, the facility staff shall 
design a written program, tailored for each individual, with and for 
each resident. The staff and resident shall sign and date the plan, 
which shall include measurable criteria of expected behavior and 
accomplishments and a time schedule for achieving specified goals.
    (2) Program review. Staff shall review resident progress at least 
monthly either through staff meetings or by individual staff; staff 
shall document the outcome of each review.
    (3) Change in program. Staff shall review and discuss any change in 
an individualized program with the resident. Staff and resident shall 
document the review by signature and date.
    (4) Removal from program. The administrator shall govern the 
removal of any resident from the program.
    (5) Case management. Facility staff shall use a case management 
approach to provide counseling services for each resident. Staff of the 
community residential facility shall either provide or coordinate this 
service.
    (6) Facility reimbursement. The administrator shall govern the 
facility's reimbursement by residents.
    (7) Resident budget. Residents who earn money shall develop a 
written personal budget.
    (b) Program coordination--(1) Availability of programs. The 
administrator or designee shall develop a written plan for resident 
activities, programs and services to prevent enforced idleness. 
Resident programs and services shall be available in the facility or 
accessible in the community. Programs and services shall include, but 
not be limited to social services, religious services, including 
traditional religious practices and ceremonies, recreation and leisure 
time activities, counseling, library services, education programs and 
substance abuse programming.
    (2) Inventory of community services. The administrator or designee 
shall maintain and make available to all staff and residents a periodic 
inventory of functioning community services.
    (c) Work programs--(1) Work assignments. The administrator or 
designee shall develop a written resident work assignment plan that 
provides work assignments for residents include the disabled. Work may 
include facility maintenance duties and community service projects. The 
administrator shall prohibit discrimination in resident work 
assignments based on race, creed, gender, age, marital status, 
disability or tribal affiliation.
    (2) Regulation of work programs. Facility resident work programs 
shall comply with applicable federal regulations.
    (d) Recreation, library and religious programming--(1) 
Comprehensive recreation program. The administrator or designee shall 
require that residents be offered opportunities for recreation and 
leisure time activities. A facility staff member or trained volunteer 
shall coordinate the recreation program.
    (2) Library. The administrator or designee shall develop a written 
plan to provide reading materials to residents. The plan shall include 
the location where reading materials are kept, the process by which 
residents obtain and return these materials and designation of the 
staff member or trained volunteer who is responsible for library 
services. The administrator shall update the plan as needed and review 
it at least annually.
    (3) Religious programs. Residents shall have the right to practice 
their religion, subject only to the limitations necessary to maintain 
institutional order and security.
    (e) Correspondence and telephone--(1) Regulation of correspondence. 
The administrator shall regulate resident correspondence and shall make 
this policy available to all staff and residents. The administrator 
shall review this policy annually and update it as needed.
    (2) Limitations on resident correspondence. The administrator shall 
not limit the volume of lawful correspondence (e.g., letters, packages 
and publications) a resident may send or receive and shall not restrict 
the length, language, content or source of the correspondence, except 
where there is clear and convincing evidence to justify the limitations 
for reasons of public safety, facility order or security.
    (3) Indigents' correspondence. The administrator or designee shall 
provide indigent residents with a system that enables them to send a 
minimum of two letters per week.
    (4) Inspection of letters and packages. The administrator or 
designee may open resident letters or packages, both in-coming and out-
going, to inspect them for contraband. The administrator or designee 
shall notify residents when in-coming or out-going letters or packages 
are rejected. The administrator or designee shall deposit any cash, 
checks, or money orders in the resident's account and issue a receipt 
to both the resident and the sender. The administrator or designee 
shall forward any contraband found to the appropriate law enforcement 
authority. The supervisor shall forward all mail within twenty-four 
hours of receipt except for Saturdays, Sundays and holidays. Residents 
shall be prohibited from carrying money in the facility.
    (5) Privileged correspondence. The administrator shall permit 
residents to send sealed letters to specified groups of persons and 
organizations including, but not limited to, courts, including 
probation staff, counsel, officials of the confining authority, 
administrators of grievance systems and the media. Mail to residents 
from this specified class of persons and organizations shall be opened 
only to inspect for contraband and only in the presence of the 
resident.
    (6) Holding and forwarding mail. The administrator or designee 
shall forward or return first-class letters and packages for residents 
after transfer or release.
    (7) Telephone. The administrator or designee shall provide for 
resident access to telephones.
    (f) Visiting--(1) Visiting rules. The administrator shall establish 
rules for resident visiting.
    (2) Number of visitors. The administrator or designee shall limit 
the number of visitors a resident may receive and the length of the 
visits only to the degree necessary in terms of facility schedules, 
space, the terms of the resident's individualized program plan and 
personnel constraints except where there are substantial reasons to 
justify such limitations.
    (3) Sobriety statement. Facility visitors and volunteers shall sign 
a sobriety statement. The statement shall stipulate that:
    (i) They are not under the influence of alcohol or illegal mood-
altering substances;
    (ii) They are not carrying such substances on their person or in 
their belongings; and
    (iii) They consent to a breath test or non-invasive search as a 
condition of entry, if there is probable cause.
    (4) Searches (visiting). The administrator or designee shall 
provide clear instructions to staff and residents concerning resident 
and visitor search procedures and the approval required for visual 
observations of unclothed residents.
    (5) Special visits. The administrator or designee shall provide for 
special visits.
    (6) Visitor registration. The administrator or designee shall 
provide for visitor registration and identification on entry into the 
facility.

Subpart E--Juvenile Community Residential Facilities


Sec. 10.41  Administration and management.

    (a) General administration--(1) Mission and goals. A written 
statement, which shall be updated as necessary, shall describe the 
philosophy, goals and policies of the facility and its relationship to 
the juvenile justice system.
    (2) Administration of facility. An administrator, whose 
responsibility and authority shall be documented, shall oversee each 
facility. The appointment shall be based on written qualifications.
    (3) Organization chart. An organization chart shall describe the 
facility's organization and chain of command. The chart shall be 
updated as needed.
    (4) Service provider roles. A Memorandum of Agreement (MOA), which 
shall be updated as needed and reviewed at least annually, shall define 
the role and function of employees of public or private agencies 
providing a service to the facility. The MOA shall specify the relation 
of service providers to the authority and responsibility of the 
administrator.
    (5) Interagency meetings. The administrator shall conduct regular 
meetings between the staff of juvenile justice, youth services, 
education, health care, emergency shelter and community residential 
agencies to develop and maintain effective interagency coordination.
    (6) Policy and procedure manual. All employees of the facility 
shall have access to a policy and procedure manual and its supporting 
documents. The Chief, Division of Law Enforcement, shall approve the 
manual and its supporting documents, which shall provide for the 
implementation of these standards and shall direct documentation of 
compliance. The administrator shall update the manual as needed and 
review it annually.
    (7) Dissemination of policy and procedure. The administrator shall 
disseminate approved, new or revised policies and procedures to 
designated staff, volunteers and, where appropriate, residents prior to 
implementation. Staff shall review and indicate in writing that they 
understand the content of policies and procedures prior to their 
implementation.
    (8) Channels of communication. The administrator or designee shall 
regularly disseminate information to staff prior to the beginning of 
their shift.
    (9) Monitoring and assessment. The Agency Superintendent or 
designee shall review and inspect operations and programs at least 
annually.
    (10) Annual report. The administrator shall submit a written annual 
report to the Chief, Division of Law Enforcement, through the Area 
Director and Agency Superintendent, and shall forward a copy to the 
appropriate court and health care authority. The report shall address 
goals, objectives, population data, programs and services provided, 
budget, space and equipment needs and major developments.
    (11) Public information program. The administrator or designee 
shall provide for a public information program, which protects the 
juveniles' right to privacy.
    (12) Governing board. The facility shall have a local governing 
board or advisory committee which shall be representative of the 
community and shall meet at least semi-annually.
    (13) Meeting with governing board. The governing board shall 
maintain a permanent record of all meetings.
    (14) Legal counsel. Legal counsel shall be available to the 
administrator and other staff as needed in the performance of their 
duties.
    (15) Separation of adults and juveniles. If services for adult and 
juvenile offenders are provided by the same agency, statements of 
philosophy, policy, program and procedure shall distinguish between 
criminal codes and the statutes that establish and give direction to 
programs for juveniles.
    (b) Fiscal management--(1) Budgetary compliance. If operated by the 
BIA, the facility shall comply with the directives of the Agency 
regarding budget preparation, submission, and administration. If 
operated by a tribe, the facility shall comply with the directives of 
the tribe regarding budget preparation, submission, and administration.
    (2) Accounting compliance. If operated by the BIA, the facility 
shall comply with the Agency accounting directives. If operated by a 
Tribe, the facility shall comply with Tribal accounting directives.
    (3) Basis of budget. The administrator shall document a direct 
relationship between the budget and planned operational, staffing and 
program needs of the facility.
    (4) Property management compliance. If operated by the BIA, the 
facility shall comply with Agency property management directives. If 
operated by a Tribe, the facility shall comply with Tribal property 
management directives.
    (5) Federal acquisition regulation compliance. If operated by the 
BIA, the facility shall comply with Agency directives for facility 
services, equipment and supply purchases. If operated by a tribe, the 
facility shall comply with tribal directives for facility services, 
equipment and supply purchases.
    (6) Space and equipment needs and deficiencies. The administrator 
shall report space and equipment needs and deficiencies annually to the 
Area Director through the Agency Superintendent.
    (7) Program needs and deficiencies. The administrator shall report 
program needs and deficiencies, i.e., staffing, supplies, training and 
contract services, annually to the Chief, Division of Law Enforcement, 
through the Area Director and Agency Superintendent.
    (8) Cost of resident board. The facility shall charge all contract 
users at the same rate.
    (9) Fund accounts. The administrator shall arrange for an 
independent audit of resident fund accounts, including canteen or 
commissary, following standard accounting practices. The administrator 
shall use any profit or interest which accrues for the benefit of the 
residents.
    (c) Personnel--(1) Personnel policy. If operated by the BIA, the 
facility shall comply with Agency personnel management directives. If 
operated by a Tribe, the facility shall comply with Tribal personnel 
management directives.
    (2) Personnel manual. The administrator shall make a copy of the 
applicable personnel manuals and regulations available to every 
employee.
    (3) Staffing requirements. The administrator shall review employee 
workload annually to ensure that residents have access to staff, 
programs and services. The administrator shall develop and update the 
facility's shift relief factor annually.
    (4) Criminal record check. In accordance with the Indian Child 
Protection and Family Violence Prevention Act of 1990 (25 U.S.C. 3201), 
the administrator or designee shall conduct a criminal record check of 
all new employees prior to employment to determine if there are 
criminal convictions that have a specific relationship to job 
performance.
    (5) Physical examination. All employees who have direct contact 
with residents shall have a pre-employment physical examination. There 
shall be provisions for re-examination.
    (6) Physical fitness. Juvenile community residential workers shall 
meet BIA or comparable tribal standards for physical fitness.
    (7) Code of ethics. The facility shall have a written Code of 
Ethics that outlines the professional standards expected of all 
employees and recognizes that community residential personnel may be 
held to a higher behavioral standard because of the nature of their 
duties.
    (8) Confidentiality. Consultants, contract personnel, employees of 
other public and private agencies and volunteers who work with 
residents shall agree to comply with the facility's policies on 
confidentiality of information.
    (d) Training and staff development--(1) Management of training 
programs. A qualified employee, who has received training in training 
delivery methods, shall plan, coordinate and supervise employee and 
volunteer training programs. The administrator shall identify, evaluate 
and update job-related training needs annually.
    (2) Training curriculum approval. The Chief, Division of the Law 
Enforcement, in conjunction with the Indian Police Academy, shall 
approve training programs and curriculum required by these standards.
    (3) Outside resources. The facility shall support the integration 
of IHS-approved and other training with the approval of the 
administrator.
    (4) Education and training. The administrator shall encourage 
employees to continue their education and training.
    (5) Cultural awareness. Orientation training shall include a 
component on cultural issues relative to the local tribe(s).
    (6) Juvenile community residential worker orientation training. All 
new full or part-time juvenile community residential workers shall 
receive the number of hours of orientation training recommended by the 
Chief, Division of Law Enforcement, during their first year of 
employment. Employees shall complete forty of these hours prior to 
being independently assigned to work in the facility.
    (7) Juvenile community residential worker in-service training. All 
full or part-time juvenile community residential workers shall receive 
an additional forty hours of job-relevant training each subsequent year 
of employment.
    (8) Clerical and support staff orientation training. All new 
clerical and support staff who have minimal resident contact shall 
receive the number of hours of orientation training recommended by the 
Chief, Division of Law Enforcement, within their first year of 
employment.
    (9) Clerical and support staff in-service training. All clerical 
and support staff shall receive an additional sixteen hours of job-
relevant training each subsequent year of employment.
    (10) Administrative and managerial staff orientation training. New 
administrative and managerial staff shall receive at least the number 
of hours of training recommended by the Chief, Division of Law 
Enforcement, within their first year of employment in this position.
    (11) Administrative and managerial staff in-service training. 
Administrative and managerial staff shall receive at least twenty-four 
hours of job-relevant training each subsequent year of employment.
    (12) Specialized training. At least one juvenile community 
residential worker per shift shall be certified as an emergency medical 
technician. All community residential staff who have contact with 
residents shall receive training in advanced first aid and CPR.
    (e) Facility records--(1) Compliance. The facility shall comply 
with 5 U.S.C. 552 (the Freedom of Information Act), 5 U.S.C. 552(a) 
(the Privacy Act of 1974), as amended, 43 CFR 2.79(a), or comparable 
tribal regulations.
    (2) Records management. The facility shall have a system for the 
management, dissemination, retrieval, storage, archiving and (when 
appropriate) destruction of information and community residential 
records.
    (3) Law enforcement sensitive information. Law enforcement 
sensitive records and information shall be marked privileged. The 
administrator or designee shall keep these records in a locked cabinet 
or file room.
    (4) Release of information and consent. Juvenile residents shall 
sign a Release of Information Consent Form in compliance with 5 U.S.C. 
552(a) (the Privacy Act of 1974) as amended prior to the release of 
privileged information. The administrator or designee shall keep a copy 
of the signed release in the resident's record.
    (5) Separation of record contents. The administrator or designee 
shall identify and separate contents of resident records according to 
an established format which, at a minimum, shall separate privileged 
from public information, and shall separate juvenile resident records 
from those of adult residents managed by the same program.
    (6) Access to information. The administrator shall define clearly 
personnel who have access to resident records.
    (7) Daily report. The administrator or designee shall maintain a 
daily report which shall identify:
    (i) The names of residents in custody, including residents on 
temporary release or in other locations;
    (ii) Names of residents admitted and released; and
    (iii) The number of days each juvenile has been in custody.
    (8) Identification and location record. The facility shall maintain 
a system that identifies all residents in custody and their actual 
physical location.
    (9) Custody record. The facility shall maintain custody records of 
all residents held at the facility. The record shall include only 
relevant and necessary information and shall be limited to:
    (i) Initial intake form;
    (ii) A copy of the initial detention booking record which resulted 
in this placement;
    (iii) Case information from referral source, if available;
    (iv) Case history or social history;
    (v) Medical record;
    (vi) Individual plan or program;
    (vii) Signed release of information forms;
    (viii) Current employment or education data;
    (ix) Signed acknowledgment of receipt of program rules and 
disciplinary policy;
    (x) Documented legal authority to accept resident;
    (xi) Grievance and disciplinary record;
    (xii) Referrals to other agencies; and
    (xiii) Final release or transfer report.
    (10) Admission information. The administrator or designee shall 
record admission information for each resident admitted to the 
facility. The record shall include the following data, unless 
prohibited by statute:
    (i) Admission number;
    (ii) Name and address;
    (iii) Name of parent, guardian or legal custodian;
    (iv) Date and place of birth;
    (v) Gender;
    (vi) Ethnic origin or tribal affiliation;
    (vii) Emergency contact name, relationship, address and phone 
number;
    (viii) Date and time of admission;
    (ix) Name of referring agency or committing authority;
    (x) Reason for referral;
    (xi) Social history if available;
    (xii) Special medical problems or needs;
    (xiii) Legal status, including jurisdiction, length and conditions 
of sentence; and
    (xiv) Signature of both resident and employee taking the 
information.
    (11) Conducting research. All research conducted shall comply with 
federal and tribal regulations pertaining to conducting and 
disseminating research findings as well as professional and scientific 
ethics. The administrator, the Agency Superintendent and the Area 
Director shall approve all research prior to implementation. The 
administrator shall regulate voluntary resident participation in 
research.
    (f) Citizen involvement and volunteers--(1) Volunteer coordinator. 
The administrator shall encourage citizen participation in volunteer 
programs by designating a staff member as volunteer coordinator.
    (2) Volunteer plan. The volunteer coordinator shall develop and 
implement a written plan for volunteer services. The volunteer 
coordinator and administrator shall update the plan as necessary and 
review it at least annually. The plan shall include:
    (i) Lines of authority;
    (ii) Responsibility and accountability for volunteer services;
    (iii) Procedures for the screening and selection of volunteers;
    (iv) A volunteer orientation or training program, which is 
appropriate to the nature of the assignments;
    (v) A requirement that volunteers shall agree in writing to abide 
by all facility rules, policies, procedures and practices, particularly 
those related to security and confidentiality of information; and
    (vi) A statement that the administrator may discontinue a volunteer 
activity at any time by written notice.


Sec. 10.42  Physical plant.

    (a) Code compliance--(1) Building and safety code compliance. If 
owned by the Bureau, the facility shall comply with 29 CFR Part 1910, 
Subparts D, E, G and L. If owned by a tribe, the facility shall comply 
with the National Fire Protection Association (NFPA) Life Safety Code 
101 Chapters 2, 4 through 7, and 16 (if new community residential 
occupancy) or 17 (if existing community residential occupancy), or 
comparable tribal regulations.
    (2) Zoning. The facility shall comply with applicable zoning and 
land use requirements.
    (3) Accessibility. The facility shall comply with 25 U.S.C. 794 
(the Rehabilitation Act of 1973) as amended, 41 CFR 101-19.6 (Uniform 
Federal Accessibility Standards), and 43 CFR Part 17.
    (4) OSHA compliance. The facility shall comply with 29 CFR Part 
1910, Subparts C through E, G, K, L and S (Occupational Health and 
Safety Standards) or comparable tribal regulations. If other activities 
governed by sections of 29 CFR Part 1910 not identified in this 
standard are carried out in the facility, the section(s) of 29 CFR Part 
1910 governing that activity or comparable tribal regulations apply.
    (5) Health and safety inspection. In compliance with 29 CFR Part 
1960, Subparts B through D, the facility shall receive at least one 
inspection each year by a qualified safety and health inspector and 
Environmental Health Specialist and/or Sanitarian. Any request for 
inspection shall be directed to the Area Safety Manager or Officer 
through the Agency Superintendent.
    (6) Furnishings and equipment code compliance. The administrator 
shall maintain documentation by an independent, qualified source that 
the interior furnishing materials in inmate living areas, exit areas 
and places of public assembly shall be in accordance with NFPA Life 
Safety Code Section 6-5 or comparable tribal regulations.
    (b) Facility organization--(1) Co-located adult and juvenile 
facility. If the juvenile facility is on the grounds of any other type 
of detention or community residential facility, it shall be a separate, 
self-contained unit.
    (2) Separation from detention. When the facility is part of or 
attached to a juvenile detention facility, residents shall be housed 
separately from detained juveniles. Community residential facility 
residents and detained juveniles shall not use program and activity 
spaces at the same time.
    (3) Separation of males and females. The facility shall provide for 
sight and sound separation of male and female residents in their 
sleeping, shower and toilet areas.
    (4) Rated capacity. The number of residents shall not exceed the 
facility's rated capacity.
    (5) Location. The facility shall be located conveniently for 
criminal justice agencies, the health authority, community agencies and 
residents' legal representatives, families and friends.
    (c) Environmental conditions--(1) Artificial light levels. Lighting 
levels in resident cells or rooms shall be at least twenty footcandles 
at the desk and in the personal grooming areas. Lighting levels 
throughout the facility shall be appropriate to the tasks and 
activities carried out in its spaces. An independent, qualified source 
shall document lighting levels.
    (2) Noise levels. Noise levels shall not exceed seventy decibels in 
the daytime and forty-five decibels at night. An independent, qualified 
source shall document noise levels.
    (3) Indoor air quality. Air circulation shall be at least ten cubic 
feet of outside or recirculated filtered air per minute per occupant. 
An independent, qualified source shall document air circulation.
    (4) Use of tobacco. The administrator shall prohibit the use of 
tobacco in the facility by staff, juveniles and the public except in 
traditional ceremonies and then only in designated areas.
    (5) Heating and cooling. Temperatures shall be appropriate to the 
summer and winter comfort zones.
    (d) Security and control--(1) Emergency exits. In compliance with 
NFPA Code and OSHA regulations, designated exits in the facility shall 
permit prompt evacuation of residents and staff members in an 
emergency. Facility exits shall be properly positioned, clear and 
distinctly and permanently marked.
    (2) Emergency equipment. The facility shall have the equipment 
necessary to maintain essential lights in an emergency.
    (e) New facility planning process--(1) New facility planning 
requirement. All new construction, renovation and expansion projects 
shall follow the Planning of New Institutions (PONI) process as 
required by 25 CFR Part 296.
    (2) Safety management review. The design and specifications for all 
new construction, renovation and expansion projects shall be reviewed 
by the Bureau of Indian Affairs in compliance with 29 CFR 1960, Suparts 
B through D.
    (f) New construction, renovation and expansion--(1) Single 
occupancy requirements. Only one resident shall occupy each room 
designed for single occupancy. All single rooms shall have at least 
sixty square feet of floor space of which no more than four square feet 
is closet or wardrobe space. Each room shall have, at a minimum:
    (i) Natural light;
    (ii) Bed, mattress, pillow and bedding;
    (iii) Access to toilets, wash basins and showers with some degree 
of privacy; and closet or locker space for the storage of personal 
items.
    (2) Multiple occupancy requirements. Where used, multiple occupancy 
rooms shall provide:
    (i) A minimum of sixty square feet of floor space per occupant in 
the sleeping area of which no more than four square feet is closet or 
wardrobe space;
    (ii) Natural light;
    (iii) Access to toilets, washbasins and showers, with some degree 
of privacy; and
    (iv) Some degree of privacy in the sleeping area.
    (3) Space, furnishings and conditions for dayrooms. The facility 
shall provide dayroom space sufficient for facility residents. The 
dayroom shall provide:
    (i) Natural light;
    (ii) A minimum of thirty-five square feet of space per resident; 
and
    (iii) Seating and writing surfaces, sufficient for the number of 
residents who use the dayroom.
     (4) Toilets. The facility shall provide operable toilets at a 
minimum ratio of one for every twelve residents in male facilities and 
one for every eight residents in female facilities. Urinals may be 
substituted for up to one-half of the toilets in male facilities. All 
housing units with three or more residents shall have two toilets.
    (5) Wash basins. Residents shall have access to operable wash 
basins with hot and cold running water in the housing units at a 
minimum ratio of one basin for every twelve occupants.
    (6) Showers. Residents shall have access to operable showers with 
temperature-controlled hot and cold running water at a minimum of one 
shower for every eight residents. Water for showers shall be 
thermostatically controlled to temperatures ranging from one hundred 
degrees to one hundred-twenty degrees Fahrenheit.
    (7) Housing for the disabled. Disabled residents shall be housed in 
a manner that provides for their safety in compliance with 25 U.S.C. 
794 (the Rehabilitation Act of 1973) as amended, 41 CFR 101-19.6 
(Uniform Federal Accessibility Standards), and 43 CFR Part 17, yet 
prevents their being discriminated against in their use of the 
facility.
    (8) Coeducational program space. If the facility houses both male 
and female residents, space shall be provided for coeducational 
activities.
    (9) Exercise and recreation areas. The facility shall provide 
access to outdoor, covered or enclosed exercise areas. Outdoor exercise 
areas shall provide a minimum of one thousand five hundred square feet 
of unencumbered space; covered and enclosed exercise areas shall 
provide a minimum of one thousand square feet of unencumbered space. 
Exercise areas shall be adequate in size and type to ensure that each 
resident shall be offered at least one hour of access daily regardless 
of climatic conditions.
    (10) Multi-purpose and interview rooms. The facility shall provide 
a minimum of one accessible multi-purpose room and one accessible 
interview room.
    (11) Visiting spaces. The facility shall provide space and 
furnishings for group activities and visits. The space shall allow 
contact between residents and visitors.
    (12) Food service spaces. When the facility provides for food 
preparation, it shall have adequate space for food processing, storage, 
refrigeration and sanitation. Toilet and wash basin facilities shall be 
available to food service personnel and residents in the vicinity of 
the food preparation area. The square footage of the kitchen shall be 
appropriate to the needs of the facility. The facility shall provide a 
dining area with a minimum of fifteen square feet per occupant.
    (13) Storage spaces. The facility shall provide the following 
storage spaces:
    (i) A secure, well-ventilated janitor closet, which includes sink 
and adequate space for the storage of cleaning implements and supplies;
    (ii) Secure storage for flammable, toxic and caustic items; and
    (iii) Storage space for resident clothing, bedding, mattresses, 
personal hygiene items and facility supplies.
    (14) Laundry. The facility shall have a minimum of one operable 
washer and one operable dryer, appropriate to the level of use, or 
equivalent laundry services available in the community.
    (15) Medication storage. The facility shall provide space for the 
secure storage of medications kept in the facility.
    (16) Staff toilets. The facility shall provide staff toilets that 
residents shall not use.
    (17) Public spaces. The facility shall provide public restroom(s) 
and a visitor waiting or entry with an adequate number of seats to 
accommodate anticipated visitors outside resident living areas.
    (18) Administration. The facility shall provide adequate space for 
its administrative functions. This space shall include an office for 
the administrator, work space for clerical staff, duplication of copies 
and supply and equipment storage, space for storage of facility 
records. and space for meetings.
    (19) Staff. The facility shall provide adequate space for staff 
assigned to work in the facility. These spaces include an area in which 
they can store personal property, change clothes and shower and an area 
in which training, meetings, briefings and breaks can occur.
    (20) Mechanical. The facility shall provide separate and adequate 
space for mechanical systems and equipment.


Sec. 10.43  Institutional operations.

    (a) Security and control--(1) Full coverage of posts. At least one 
staff person shall be on the facility premises, awake, available and 
responsible to residents' needs twenty-four hours a day. The staffing 
pattern of the facility shall concentrate staff at the times when most 
residents are in the facility.
    (2) Supervision of coed activities. Facility staff shall supervise 
male and female residents in coed activities and spaces continuously 
and directly.
    (3) Male and female staff requirement. When both males and females 
are housed in the facility, at least one male and female staff member 
shall be on duty at all times.
    (4) Prohibited supervision. No resident or group of residents shall 
be given control or authority over other residents.
    (5) Counts. The facility shall have a system to physically count 
residents that includes strict accountability for residents assigned to 
work and education release and other approved temporary releases.
    (6) Movement. Community residential staff shall regulate all 
resident movement outside the facility.
    (7) Transportation of residents. The administrator shall govern the 
safe and secure transportation of residents outside the facility.
    (8) Use of vehicles. The administrator shall govern the use of 
departmental and personal vehicles for official purposes and shall 
prohibit the use of personal vehicles for transportation of residents.
    (9) Shift activity log. The facility shall maintain a written 
record of the following:
    (i) Personnel on duty;
    (ii) Resident population at the beginning and end of each shift;
    (iii) Record of counts taken;
    (iv) Shift activities; and
    (v) Unusual occurrences or incidents.
    (10) Weekly inspection. The administrator or designee shall inspect 
all facility spaces and equipment at least weekly, to determine the 
status of all security items and the sanitary condition of the 
facility. The administrator or designee shall document the inspection 
and initiate corrective action if needed.
    (11) Monthly inspection. The administrator shall inspect all areas 
of the facility at least monthly to determine the status of all safety 
items, determine the sanitary condition of the facility, document the 
inspection and initiate corrective action if needed.
    (12) Fire safety inspection. A qualified fire protection specialist 
shall inspect the facility to test the fire suppression and detection 
system, equipment and facility training in compliance with 29 CFR 
1910.36(d), 1910.37(m), 1910.37(n), 1910.38, and 29 CFR 1960, Subpart 
D.
    (13) Use of restraints. Staff shall use instruments of restraint 
only as a precaution against escape during transfer. Staff shall apply 
restraints during transfer only with the approval of the administrator 
or designee and only for the amount of time that is absolutely 
necessary.
    (14) Contraband control. The administrator shall provide for 
searches of facilities and residents to control contraband and to 
provide for its disposition. When a new crime is suspected, the 
administrator shall be notified. The administrator shall maintain and 
make available to the appropriate authorities all evidence.
    (15) Visual inspections. Trained staff shall conduct visual 
inspections of unclothed residents only when there is a reasonable 
belief that the resident is carrying contraband or other prohibited 
material or at the time of admission if the resident is admitted from 
the community. Trained staff of the same sex as the resident shall 
conduct all visual inspections in private.
    (16) Key and tool control. The administrator shall govern the 
control, issuance, use and storage of keys, tools and culinary and 
medical equipment.
    (17) Use of force and firearms. The facility shall comply with 25 
CFR 11.304 with regard to the use of force, firearms, chemical agents, 
or any other weapon. The administrator shall prohibit the presence of 
firearms of any kind within the facility or on its grounds.
    (b) Safety and emergency procedures--(1) Fire prevention. The 
administrator shall govern the storage and use of all flammable, toxic 
and caustic materials, the use of non-combustible receptacles for 
smoking materials, the amount of personal items, including reading 
materials, which residents may keep in their living units and the 
amount and location of items stored in the facility.
    (2) Preventive maintenance. The administrator or designee shall 
develop a written plan for preventive maintenance of the facility. The 
administrator shall review the plan annually and update it as needed. 
If tribally operated, the plan shall be supported by a Memorandum of 
Agreement between the tribe and the Agency.
    (3) Evacuation plan. The administrator shall develop a written 
evacuation plan prepared in case of fire or major emergency. The plan 
shall comply with 29 CFR 1910.38 or comparable tribal code. The 
applicable Safety Officer or designee shall review and approve the plan 
initially and annually. The administrator shall update and reissue the 
plan if necessary. The plan shall include:
    (i) Location of floor plans;
    (ii) Use of exit signs and directional arrows for traffic flow;
    (iii) Location of a publicly posted plan;
    (iv) At least quarterly drills in all facility locations; and
    (v) Coordination with the fire department which services the 
facility.
    (4) Emergency plans. The administrator or designee shall develop 
written plans that specify procedures to be followed in emergency 
situations. The administrator shall make these plans available to 
applicable personnel and shall review and update them at least 
annually. All facility personnel shall be trained in the implementation 
of these plans. Emergency situations shall include, but not be limited 
to:
    (i) Riots and disturbances;
    (ii) Hunger strikes;
    (iii) Hostage situations;
    (iv) Work stoppages;
    (v) Unattended deaths, including successful suicides;
    (vi) Attempted suicides;
    (vii) Escapes and unauthorized absences; and
    (viii) Other threats to the security of the facility.
    (5) Incident reporting. The administrator shall require the 
immediate reporting of all incidents that result in physical harm to 
any person, threaten the safety of any person, result in the need for 
emergency care, result in damage to the facility or facility property, 
threaten the security of the facility, or involve the commission of a 
criminal offense. The administrator shall forward the reports to the 
Agency Superintendent through the appropriate chain of command.
    (6) Medical treatment (incident). The administrator or designee 
shall ensure that all persons injured in an incident receive an 
immediate medical examination and treatment.
    (7) Notification of family. The administrator shall provide for the 
notification of persons designated by the resident in the event of 
serious illness, injury or death.
    (c) Rules and discipline--(1) System of rewards and sanctions. The 
administrator shall provide for a system to reward the positive 
behavior of residents and to provide sanctions for misbehavior.
    (2) Rules of conduct. The administrator shall develop written rules 
of resident conduct that specify acts prohibited within the facility 
and penalties that may be imposed for various degrees of violations. 
The administrator or designee shall provide these rules to all 
residents and shall ensure that all residents understand them. All 
personnel who deal with residents shall receive sufficient training 
prior to working in the facility to be thoroughly familiar with the 
rules of resident conduct, the sanctions available and the rationale 
for the rules. The administrator shall review the written rules of 
resident conduct annually and update them, if necessary, to ensure that 
they are consistent with constitutional and legal principles as well as 
BIA and tribal standards and codes.
    (3) Minor infractions. The administrator shall provide guidelines 
for the informal resolution of minor resident misbehavior.
    (4) Grievance procedure. The administrator or designee shall make a 
written grievance procedure available to all residents. The procedure 
shall include at least one level of appeal.
    (5) Criminal violations. In instances in which a resident is 
alleged to have committed a crime, the administrator or designee shall 
refer the case to the appropriate law enforcement officials for 
possible prosecution.
    (6) Disciplinary reports. When rule violations require formal 
resolution, staff members shall prepare a disciplinary report and 
forward it to the administrator or designee. The disciplinary report 
shall include, but not be limited to:
    (i) specific rules violated;
    (ii) a formal statement of the charge(s);
    (iii) an explanation of the event, which shall include who was 
involved, what transpired and the time and location of the occurrence;
    (iv) unusual resident behavior;
    (v) staff witnesses;
    (vi) disposition of any physical evidence;
    (vii) any immediate action taken, including the use of force; and
    (viii) reporting staff member's signature; and
    (ix) date and time the report is made.
    (7) Disciplinary process. Residents shall receive notification of 
the rules violated, a formal statement of the charge, a description of 
the incident and notice of the date and time of hearing. The 
administrator or designee shall advise residents of their rights to be 
present at the hearing, to call witnesses on their behalf, to make a 
statement, to present documentary evidence, and to ask for assistance 
from staff in representing them at the hearing. An impartial person or 
panel of persons shall conduct the hearing.
    (8) Immediate removal from program for disciplinary reasons. The 
administrator shall provide for the immediate return of a resident for 
an alleged disciplinary violation to a secure facility if the safety of 
the resident, other residents, staff or the security of the facility is 
at stake.
    (9) Record of disciplinary hearing. The persons conducting the 
disciplinary hearing shall make a written copy of the decision and its 
disposition and shall provide copies to the resident and the 
administrators of the secure and community residential facilities for 
review. Residents shall have the right to appeal the decision to the 
administrator of the community residential facility or the next level 
of authority. The disciplinary report shall be removed from all files 
of residents found not guilty of an alleged rule violation.
    (d) Room restriction and removal from program--(1) Explanation for 
restriction. Prior to room and/or privilege restriction, community 
residential staff shall explain the reasons for the restriction to 
residents, and residents shall have the opportunity to explain the 
behavior leading to the restriction.
    (2) Room restriction (minor). Room restriction for minor 
misbehavior shall serve only a ``cooling off'' purpose and is short in 
duration, with the time period (fifteen-sixty minutes) specified at the 
time of assignment.
    (3) Room restriction (major). Room restriction shall not exceed 
eight hours without review and administrative authorization and shall 
be used only when the resident is dangerous to self or others, and/or 
there is substantial evidence of plans to abscond.
    (4) Supervision during room restriction. During room restriction, 
staff shall contact residents at least every fifteen minutes to ensure 
the well-being of the resident. The resident shall assist in 
determining the end of the restriction period.
    (5) Disciplinary removal from program. The administrator shall 
remove residents from program for a disciplinary violation only after a 
hearing.
    (6) Emergency removal. Pursuant to a placement order, the 
administrator of the facility or designee can order immediate removal 
from program and return to a secure facility when it is necessary to 
protect the resident or others. The immediate supervisor of the person 
ordering removal from program or the contracting officer shall review 
this action within three working days.
    (7) Authority for removal. The administrator shall have the 
authority to define the criteria for removal of residents from the 
program. The procedure for removal from the program and transfer shall 
follow due process requirements and shall allow for resident appeal.
    (e) Resident rights--(1) Access to courts, counsel and legal 
materials. Residents shall have the right to have access to attorneys, 
legal representatives, the courts and legal materials and to address 
uncensored communications to governmental authorities.
    (2) Freedom from discrimination. Residents shall have the right to 
be free from discrimination based on race, religion, national origin, 
tribal affiliation, sex, disability, political beliefs, favoritism or 
nepotism. Residents shall have the right to equal access to programs 
and work assignments as provided in the classification program.
    (3) Equal access for women. Male and female residents shall have 
the right to equal access to programs and services.
    (4) Right to communicate. Residents shall have the right to receive 
visits and to communicate or correspond with persons or organizations, 
subject only to the limitations necessary to maintain order and 
security.
    (5) Protection from harm. Residents shall have the right to 
protection from personal abuse, corporal punishment, personal injury, 
disease, property damage and harassment, by either staff or residents.
    (6) Freedom of personal grooming. Residents shall have the right to 
determine the length and style of scalp or facial hair, unless health 
and safety reasons exist.
    (7) Treatment. Residents shall have the right to medical, dental, 
mental health and sub stance abuse treatment and rehabilitative 
services as directed by the health authority.
    (f) Admission--(1) Admission policies. The facility shall have 
clearly defined written procedures governing admission.
    (2) Documentation of commitment. Court order, statute or compact 
shall be document legal commitment authority.
    (3) Notification of non-acceptance. The administrator or designee 
shall advise the referring agency when a prospective resident is not 
accepted into the program, citing specific reasons.
    (4) Admission criteria. The administrator shall distribute a copy 
of admission policies and criteria to referring agencies and interested 
parties.
    (5) Admission process. Written procedures for admitting new 
residents shall include, at a minimum:
    (i) determination that the juvenile is legally committed to the 
facility;
    (ii) inventory of clothing and personal property taken into the 
facility;
    (iii) receipt of health record, if required because of transfer;
    (iv) completion of admission form as required by these standards;
    (v) orientation; and
    (vi) assignment to a room.
    (6) Suicide screening. The administrator or designee shall ensure 
that all residents have been screened for suicide risk prior to 
acceptance in the community residential program.
    (7) Orientation. All newly admitted residents shall receive written 
or oral information in the language they understand. The admitting 
officer shall document completion of orientation by a statement that 
shall be signed and dated by the resident and employee. The orientation 
shall include, but not be limited to:
    (i) resident rules of conduct and potential disciplinary actions 
that may be taken;
    (ii) programs and services available in the facility or community;
    (iii) procedures for accessing health care services; and
    (iv) resident rights and privileges.
    (8) Personal property inventory. The admitting employee shall 
complete a written, itemized inventory of all personal property of 
newly admitted residents. The admitting employee shall store securely 
all juvenile property, including money and other valuables. The 
employee shall give the resident a receipt for all property held until 
release.
    (9) Policy on personal property. The administrator or designee 
shall identify personal property that residents may receive or keep in 
their possession while in the facility, the sources from which these 
items may be obtained and how these items are received and inspected.
    (g) Classification--(1) Classification policy. The administrator or 
designee shall review all residents and classify them as appropriate 
for community residential status prior to placement in the community 
residential facility.
    (2) Prohibited segregations. The administrator shall prohibit the 
segregation of residents by race, color, creed, tribal affiliation, 
national origin, political beliefs, nepotism, favoritism or other 
prohibited criteria.
    (h) Food service--(1) Food service records. At a minimum, the 
facility shall maintain records of the number of meals served to the 
resident population, the expenditures for food supplies and menus 
(planned and as served).
    (2) Dietary allowances. The facility shall document that a 
registered dietician reviews dietary allowance at least annually to 
ensure compliance with nationally recommended food allowances. A diet 
manual, approved by a registered dietician, shall guide dietary 
allowances, including special diets.
    (3) Menu planning. The administrator or designee shall plan, date 
and make all menus available for review at least one week in advance. 
The administrator or designee shall make notations of any 
substitutions, which shall be of equal nutritional value, in the meals 
actually served. The administrator or designee shall consider Native 
American food preferences in menu planning. The administrator or 
designee shall direct that menu evaluations shall be conducted at least 
quarterly to verify adherence to the nationally recom mended basic 
daily servings.
    (4) Medical special diets. The administrator or designee shall 
provide for special diets that are prescribed by appropriate medical or 
dental personnel.
    (5) Religious preference special diets. The administrator or 
designee shall provide for special diets for residents whose beliefs 
require adherence to religious dietary laws.
    (6) Food and discipline. The administrator shall prohibit the use 
of food as a disciplinary measure.
    (7) Health protection. Food service facilities and equipment shall 
meet health and safety standards. Food service personnel and residents 
working in the food service area shall comply with applicable health 
regulations. The administrator or designee shall document compliance 
with health and safety regulations, including but not limited to, a 
pre-assignment medical examination.
    (8) Inspections of food products. The appropriate government agency 
shall inspect and approve food products that are grown or produced 
within the system. The administrator or designee shall implement a 
distribution system that ensures prompt delivery of foodstuffs.
    (9) Inspection of food service area. The administrator or designee 
shall conduct a weekly inspection of all food service areas, including 
dining and food preparation areas and equipment to ensure that they are 
sanitary, that all food storage areas are temperature controlled, and 
that food service personnel have made daily checks of refrigerator and 
water temperatures.
    (10) Meal service. The facility shall serve meals under the direct 
supervision of staff. The facility shall provide at least three meals, 
of which two shall be hot, served at regular meal times during each 
twenty-four hour period, with no more than fourteen hours between the 
evening meal and breakfast. Provided that basic nutritional goals are 
met, variations may be allowed based on weekend and holiday food 
service demands.
    (i) Sanitation and hygiene--(1) Water supply. The administrator 
shall maintain documentation that the entity which provides the 
facility's water source, supply, storage and distribution system meets 
the requirements of 42 U.S.C. 300g-6 (the Safe Drinking Water Act).
    (2) Sewage system. The administrator shall maintain documentation 
that entity which provides the facility's sewage system complies with 
33 U.S.C. 1251 et seq. (the Clean Water Act of 1977).
    (3) Sanitation plan. The administrator or designee, in cooperation 
with the BIA or tribal maintenance program, shall develop a written 
housekeeping plan for all areas of the physical plant. The 
administrator or designee shall update the plan as needed and review it 
at least annually. The plan shall provide for daily housekeeping and 
regular maintenance by assigning specific duties to staff, residents 
and BIA or tribal Facility Maintenance. The plan shall require that:
    (i) facility floors be kept clean, dry and free of hazardous 
substances;
    (ii) a qualified person conduct monthly inspections to control 
vermin and pests;
    (iii) solid and liquid wastes be disposed of properly;
    (iv) clean, suitable and presentable bedding, linens, towels and 
(if applicable) be issued to new residents and exchanged on at least a 
weekly basis;
    (v) necessary cleaning and storage of resident personal clothing be 
provided;
    (vi) articles needed for personal hygiene be furnished; and
    (vii) sufficient facilities in the housing areas to permit 
residents to shower or bathe on admission to the facility and daily 
thereafter.
    (4) Special clothing issue. The facility shall provide for the 
issue of special and, where appropriate, protective clothing and 
equipment to residents participating in special work assignments. Such 
clothing shall be available in quantities that permit exchange as 
frequently as the work assignment requires.
    (5) Hair care. The administrator or designee shall allow residents 
to arrange for hair cutting services.
    (j) Health care--(1) Written health care plan. A written plan shall 
provide for the delivery of health care services, including medical, 
dental, mental health and substance abuse treatment, under the control 
of a designated health authority. The plan shall include the 
participation of IHS, social services and tribal health care providers. 
A Memorandum of Agreement between the administrator and the Director of 
the appropriate Indian Health Service (IHS) Service Unit or IHS 
contract health care provider shall document the health care plan. When 
this authority is other than a physician, final medical judgments shall 
rest with a single responsible physician, designated by the appropriate 
health authority, who shall meet the applicable licensure requirements.
    (2) Health program coordinator. In facilities without full-time, 
qualified health personnel, a health-trained staff member shall 
coordinate the health care delivery system in the facility under the 
joint supervision of the responsible health authority and the 
administrator.
    (3) Annual review. The administrator and the health authority shall 
update the plan as needed, review it annually to determine program 
needs including staffing, equipment and supplies and document its 
review by signature and date.
    (4) Medical/mental health judgment. Medical, dental and mental 
health matters involving clinical judgments shall be the sole province 
of the responsible physician, dentist and/or psychiatrist or qualified 
psychologist.
    (5) Security regulations. Security regulations applicable to 
facility personnel shall apply to health personnel.
    (6) Meetings with provider. The health authority shall meet with 
the administrator or designee at least quarterly to review and evaluate 
the health care delivery system. The health authority shall provide an 
annual statistical report which documents the level and amount of 
health care services provided.
    (7) Review of health care policies. The health authority and the 
administrator shall review and approve all policies and procedures 
relative to the health care plan prior to submission of these policies 
to the Chief, Division of Law Enforcement. Policies and procedures 
shall be reviewed at least annually and documented by signature and 
date.
    (8) Health training program. The responsible health authority, in 
cooperation with the administrator, shall establish a health training 
program. The program shall provide instruction in the following areas:
    (i) appropriate procedures to prevent the spread of communicable 
diseases;
    (ii) the ability to respond to health-related situations within 
four minutes;
    (iii) recognition of signs, symptoms and actions required in 
potential emergency situations;
    (iv) recognition of chronic illness;
    (v) administration of first aid and cardiopulmonary resuscitation 
(CPR);
    (vi) methods of obtaining assistance from the health care provider;
    (vii) recognition of signs and symptoms of and management of 
residents with mental illness, retardation, emotional disturbance, 
chemical dependency and suicidal behavior; and
    (viii) procedures for patient transfers to appropriate medical 
facilities or health care providers.
    (9) Sick call. The administrator or designee shall provide for the 
collection and referral of resident requests for health care. The 
facility shall have a system of sick call in-house or at the health 
care facility. The system shall include provision for referral of 
residents by staff for medical or other behavioral health evaluation, 
i.e, mental health, substance abuse, suicide. Sick call shall be held 
no less than once per week.
    (10) Twenty-four-hour emergency care. The administrator and health 
authority shall develop a written plan for the provision of twenty-four 
hour emergency medical, dental and mental health care. The 
administrator and health authority shall update the plan as needed and 
review it at least annually. At a minimum, the plan shall include:
    (i) emergency evacuation of the resident from the facility;
    (ii) emergency evaluation of the resident for medical or mental 
health problems;
    (iii) use of an emergency medical vehicle;
    (iv) use of one or more designated hospital, clinic, emergency on-
call physician, dentist, psychiatrist, qualified psychologist or 
otherwise qualified clinician; and
    (v) procedures that provide for the immediate transfer of residents 
when appropriate.
    (11) Health care treatment. Health care staff or health-trained 
community residential staff perform treatment pursuant to written 
direct orders by personnel authorized by law to give such orders.
    (12) Licensure requirements. The health authority shall comply with 
all applicable federal law, licensure requirements, rules, regulations 
and medical protocols in the delivery of health care services to the 
resident population.
    (13) Traditional practitioners. The facility shall allow residents 
to participate in or receive traditional healing ceremonies and to use 
traditional healing methods, limited only to the degree necessary to 
preserve institutional security and order.
    (14) Prohibited use of detainees. Residents shall not perform 
duties in the health care program.
    (15) Management of medications. The administrator and health 
authority shall provide for the proper management of individual doses 
of medications that are kept in the facility. The administrator and 
health authority shall review the policy annually and update it as 
needed.
    (16) Administration of medications. The administrator or designee 
shall ensure that persons administering medications have received 
training appropriate to their assignment. Employees shall administer 
medications according to direct or physician orders and record the 
administration of medications in a manner and on a form approved by the 
responsible physician.
    (17) Preliminary health care screening. The administrator or 
designee shall ensure that all residents have received a health 
screening interview prior to acceptance into the community residential 
program.
    (18) Health appraisal. The health authority shall provide a health 
appraisal for each resident within fourteen days of admission unless 
there is documentation that the resident has had an appraisal within 
thirty days prior to admission to the facility. A health-trained or 
otherwise qualified health care personnel shall collect health history 
and vital signs. Only qualified health care personnel shall collect 
other data. The health appraisal shall include:
    (i) review of transferred health record and/or health screening;
    (ii) collection of additional data to complete the medical, dental, 
psychiatric and immunization histories, with attention to elements that 
may indicate the presence of chronic disease, such as diabetes, if not 
already available;
    (iii) recording of height, weight, pulse, blood pressure and 
temperature, if not already available;
    (iv) administration of laboratory and other tests and examinations 
as appropriate, if medically indicated;
    (v) notation of additional comments as needed; and
    (vi) initiation of therapy as appropriate.
    (19) Health examination. Qualified health care personnel shall 
complete a health examination for each resident within thirty days of 
admission. The examination shall include:
    (i) a ``hands-on'' examination by an appropriately licensed health 
care professional;
    (ii) dental screening, hygiene and treatment when the health of the 
juvenile would be adversely affected; and
    (iii) additional health care services as indicated by qualified 
health care personnel.
    (20) First aid kits. The administrator shall ensure that first aid 
kits are available in designated areas of the facility as determined by 
the Safety Officer during the annual inspection. The health care 
provider shall determine the appropriate content of first aid kits.
    (21) Special medical programs. The health authority shall provide 
specialized health education and treatment programs, including, but not 
limited to, personal hygiene, diet and exercise, family planning, 
communicable diseases, including sexually transmitted diseases and 
substance abuse education, prevention, intervention and treatment.
    (22) Detoxification. The administrator and health authority shall 
develop a written plan to guide the clinical management of chemically 
dependent residents. The plan shall specify the process for involving 
the health authority and the substance abuse program on both a 
continuing and crisis-intervention basis. The plan shall include:
    (i) completion of assessment as required by Public Law 99-570 or 
warranted by additional indications;
    (ii) validation that the individual only requires non-
pharmacologically supported care;
    (iii) integration of individual treatment plans into the 
individualized program plan; and
    (iv) referrals to specified community resources on release when 
appropriate.
    (23) Substance abuse programming. The administrator and health 
authority shall develop a written plan to provide substance abuse 
education, intervention, assessment and treatment to residents who are 
diagnosed as substance abusers. The administrator, health authority and 
substance abuse program provider shall update the plan as needed and 
review it at least annually. The plan shall link existing community 
programs and services to the facility program. The plan shall include, 
at a minimum:
    (i) assessment and evaluation;
    (ii) referral for treatment, if requested or court-ordered; and
    (iii) availability of appropriate self-help groups.
    (24) Informed consent. The health authority shall observe informed 
consent standards of the community for all resident care, examinations, 
treatments and procedures affected by informed consent. The informed 
consent of a parent, guardian or legal custodian shall apply when 
required by law. Health care shall not be rendered against a resident's 
will.
    (25) Participation in research. The health authority shall prohibit 
the use of residents for medical, pharmaceutical, or cosmetic 
experiments. This standard shall not preclude individual treatment of a 
resident based on his or her need for a specific medical procedure that 
is not generally available.
    (26) Confidentiality of health records. In compliance with 5 U.S.C. 
552(a) (the Privacy Act of 1974) as amended and 42 CFR Part 2 
(Regulations on Confidentiality of Alcohol and Drug Abuse Patient 
Records), the health authority shall keep the health record 
confidential. The health authority shall require that, at a minimum:
    (i) the active health record be maintained separately from the 
program record;
    (ii) access to the health record be controlled by the health 
authority; and
    (iii) the health authority share with the administrator or designee 
information regarding a resident's medical management, security and the 
ability to participate in programs.
    (27) Medical record contents. The health authority shall approve 
the method of recording entries in the record and the form and format 
of the record. A resident's medical record shall contain:
    (i) transferred health record;
    (ii) copies of the completed intake screening form, if separate;
    (iii) the health appraisal data collection form, if separate;
    (iv) prescribed medications and their administration;
    (v) laboratory, x-ray and diagnostic studies;
    (vi) the signature and title of each documenter;
    (vii) consent and refusal forms;
    (viii) release of information forms;
    (ix) place, date and time of health encounters;
    (x) discharge summary of hospitalization (if applicable); and
    (xi) health service reports (e.g., dental, psychiatric and other 
consultations).
    (28) Transfer of health information and records. Summaries or 
copies of the health record shall be sent routinely to the health 
authority of any facility to which the resident is transferred. The 
resident shall authorize, in writing, the transfer of health records 
and information, unless otherwise provided by law or administrative 
regulation having the force and effect of law.
    (k) Release--(1) Temporary release. Temporary release programs 
shall include:
    (i) identification of the circumstances for which residents may be 
released on a temporary basis;
    (ii) operating procedures;
    (iii) written rules of resident conduct;
    (iv) a record-keeping system that documents dates, times and 
authorization for release;
    (v) a system to evaluate program effectiveness; and
    (vi) efforts to obtain community cooperation and support.
    (2) Work or education release. The administrator or designee shall 
encourage residents to participate in work or education release 
programs. The appropriate court shall sanction education and work 
release.
    (3) Final release. Written procedures for final release of 
residents shall include, but not be limited to:
    (i) verification of identity and release authority, including 
verification of completion of terms of the sentence;
    (ii) verification that all resident property leaves with the 
resident and that no facility property leaves the facility;
    (iii) completion of any pending action, such as grievances or 
claims for damages or lost possessions;
    (iv) transfer of health information, if appropriate; and
    (v) transportation arrangements, if required.
    (4) Detainers. The presence of a detainer shall not automatically 
prevent the release of a resident from the community residential 
facility.


Sec. 10.44  Juvenile programs and services.

    (a) Individualized program plan--(1) Development of individual 
program plan. Within the first two weeks of admission, the facility 
staff shall design a written program, tailored for each individual, 
with and for each resident. The staff and resident shall sign and date 
the plan, which shall include measurable criteria of expected behavior 
and accomplishments and a time schedule for achieving specified goals.
    (2) Program review. Staff shall review resident progress every two 
weeks either through staff meetings or by individual staff; staff shall 
document the outcome of each review.
    (3) Change in program. Staff shall review and discuss any change in 
an individualized program with the resident. Staff and resident shall 
document the review by signature and date.
    (4) Personalized program reports. The administrator or designee 
shall make a quarterly progress report available to the parent or legal 
guardian of each resident. If a resident remains in program for six 
months, the administrator or designee shall submit a written report to 
the committing authority. The report shall state the justification for 
keeping the resident in the program.
    (5) Case management. Facility staff shall use a case management 
approach to provide counseling services for each resident. Staff of the 
community residential facility shall either provide or coordinate this 
service.
    (b) Program coordination--(1) Availability of programs. The 
administrator or designee shall develop a written plan to provide 
activities, programs and services for residents to prevent enforced 
idleness. Programs and services, appropriate to the needs of the 
juvenile population, shall be available in the facility or accessible 
in the community. Programs and services shall include, but not be 
limited to, social services, religious services, including traditional 
religious practices and ceremonies, recreation and leisure time 
activities, counseling, library services, education programs and 
substance abuse programming. Staff shall seek the cooperation of 
various community groups offering activities and programs for the 
benefit of residents.
    (2) Inventory of community services. The facility administration 
shall maintain and make available to all staff and residents a periodic 
inventory of functioning community services.
    (c) Education and work programs--(1) Education program. In 
conjunction with the applicable education authority, the administrator 
or designee shall develop a written plan for the comprehensive 
education of residents. The administrator and applicable education 
authority shall update the plan as needed, review it annually, and 
support it with a Memorandum of Agreement. At a minimum, the plan shall 
include:
    (i) the roles and responsibilities of the facility and the school 
district, compliant with the provisions of Title 94;
    (ii) education release;
    (iii) education materials and equipment;
    (iv) developmental, remedial, special and cultural education; and
    (v) tutorial services as needed.
    (2) Work programs. The administrator or designee shall develop a 
written work plan that shall provide for work assignments for residents 
including the disabled. Work may include facility maintenance duties 
and community service projects. The administrator shall prohibit 
discrimination in resident work assignments based on race, creed, 
gender, age, marital status, disability or tribal affiliation.
    (3) Regulation of work programs. Resident work programs shall 
comply with applicable federal regulations. Residents shall not perform 
any work prohibited by federal or tribal regulations and/or statutes 
pertaining to child labor.
    (d) Recreation, library and religious programming--(1) 
Comprehensive recreation program. The administrator or designee shall 
require that residents be offered opportunities for recreational and 
leisure time activities. A facility staff member or trained volunteer 
shall coordinate the recreation program.
    (2) Library. The administrator or designee shall develop a written 
plan to provide reading materials to residents. The plan shall include 
the criteria for the selection and maintenance of library materials, 
the location where reading materials are kept, the process by which 
residents obtain and return these materials and designation of the 
staff member or trained volunteer who is responsible for library 
services. The administrator shall update the plan as needed and review 
it at least annually.
    (3) Religious programs. Residents shall have the right to practice 
their religion, subject only to the limitations necessary to maintain 
institutional order and security.
    (e) Correspondence and telephone--(1) Regulation of correspondence. 
The administrator shall regulate resident correspondence and shall make 
this policy available to all staff and residents. The administrator 
shall review this policy annually and update it as needed.
    (2) Limitations on resident correspondence. When the resident bears 
the mailing cost, the administrator shall not limit the volume of 
letters the resident can send or receive.
    (3) Indigents' correspondence. The administrator or designee shall 
provide indigent residents with a system that enables them to send a 
minimum of two letters per week.
    (4) Inspection of letters and packages. The administrator or 
designee may open resident letters and packages, both in-coming and 
out-going, to inspect them for contraband. The administrator or 
designee shall not read, censor, or reject letters or packages except 
where there is reliable information that there is a threat to order and 
security or that they are being used to further illegal activities and 
shall notify residents when in-coming or out-going letters are 
rejected. The administrator or designee shall deposit any cash, checks, 
or money orders in the resident's account and issue a receipt to both 
the residents and the sender. The administrator or designee shall 
forward any contraband found to the appropriate law enforcement 
authority. The supervisor shall forward all mail within twenty-four 
hours of receipt except for Saturdays, Sundays and holidays. Residents 
shall be prohibited from carrying money in the facility.
    (5) Privileged correspondence. The administrator shall permit 
residents to send sealed letters to specified groups of persons and 
organizations including, but not limited to, courts, including 
probation staff, counsel, officials of the confining authority, 
administrators of grievance systems and members of the releasing 
authority. Mail to residents from this specified class of persons and 
organizations shall be opened only to inspect for contraband and only 
in the presence of the resident.
    (6) Holding and forwarding mail. The administrator or designee 
shall forward or return first-class letters and packages for residents 
after transfer or release.
    (7) Telephone. The administrator or designee shall provide for 
juvenile access to telephones.
    (f) Visiting--(1) Visiting rules. The administrator shall establish 
rules for resident visiting. The facility shall permit the informal 
communication, including the opportunity for physical contact.
    (2) Times of visitation. Residents shall receive visitors during 
normal visiting hours, in accordance with the individual program plan, 
except where there is substantial evidence that a visitor poses a 
threat to the safety of the resident or the security of the facility, 
or may disrupt the program.
    (3) Sobriety statement. Facility visitors and volunteers shall sign 
a sobriety statement. The statement shall stipulate that:
    (i) they are not under the influence of alcohol or illegal mood 
altering substances;
    (ii) they are not carrying such substances on their person or in 
their belongings; and
    (iii) they consent to a breath test or non-invasive search as a 
condition of entry, if there is probable cause.
    (4) Searches (visiting). The administrator or designee shall 
provide clear instructions to staff and residents concerning resident 
and visitor search procedures and the approval required for visual 
observation of unclothed residents.
    (5) Special visits. The administrator or designee shall provide for 
special visits.
    (6) Visitor registration. The administrator or designee shall 
provide for visitor registration and identification on entry into the 
facility.

Subpart F--Adult Holding Facilities


Sec. 10.51  Administration and management.

    (a) General administration--(1) Administration of facility. An 
administrator, whose responsibility and authority shall be documented, 
shall oversee each facility. The appointment shall be based on written 
qualifications.
    (2) Service provider roles. A Memorandum of Agreement (MOA), which 
shall be updated as needed and reviewed at least annually, shall define 
the role and function of employees of public or private agencies 
providing a service to the facility. The MOA shall specify the relation 
of service providers to the authority and responsibility of the 
administrator.
    (3) Policy and procedure manual. All employees of the facility 
shall have access to a policy and procedure manual and its supporting 
documents. The Chief, Division of Law Enforcement, shall approve the 
manual and its supporting documents, which shall provide for the 
implementation of these standards and shall direct documentation of 
compliance. The administrator shall update the manual as needed and 
review it annually.
    (4) Dissemination of policy and procedure. The administrator shall 
disseminate approved, new, or revised policies and procedures to 
designated staff, volunteers and, where appropriate, inmates prior to 
implementation. Staff shall review and indicate in writing that they 
understand the content of policies and procedures prior to their 
implementation.
    (5) Channels of communication. The administrator or designee shall 
regularly disseminate information to staff prior to the beginning of 
their shift.
    (6) Monitoring and assessment. The Agency Superintendent or 
designee shall review and inspect operations and programs at least 
annually.
    (7) Annual report. The administrator shall submit a written annual 
report to the Chief, Division of Law Enforcement, through the Area 
Director and Agency Superintendent, and shall forward a copy to the 
appropriate court and health care authority. The report shall address 
goals, objectives, population data, programs and services provided, 
budget, space and equipment needs and major developments.
    (8) Separation of adults and juveniles. The administrator shall 
prohibit the confinement of juveniles under the age of eighteen within 
the facility unless in compliance with 42 U.S.C. 223(a)(13)(14) (the 
Juvenile Justice and Delinquency Prevention Act of 1974) as amended and 
28 CFR Part 31.
    (b) Fiscal management--(1) Budgetary compliance. If operated by the 
BIA, the facility shall comply with the directives of the Agency 
regarding budget preparation, submission, and administration. If 
operated by a tribe, the facility shall comply with the directives of 
the tribe regarding budget preparation, submission, and administration.
    (2) Accounting compliance. If operated by the BIA, the facility 
shall comply with the Agency accounting directives. If operated by a 
Tribe, the facility shall comply with Tribal accounting directives.
    (3) Basis of budget. The administrator shall document a direct 
relationship between the budget and planned operational, staffing and 
program needs.
    (4) Property management compliance. If operated by the BIA, the 
facility shall comply with Agency property management directives. If 
operated by a Tribe, the facility shall comply with Tribal property 
management directives.
    (5) Federal acquisition regulation compliance. If operated by the 
BIA, the facility shall comply with Agency directives for facility 
services, equipment and supply purchases. If operated by a tribe, the 
facility shall comply with tribal directives for facility services, 
equipment and supply purchases.
    (6) Space and equipment needs and deficiencies. The administrator 
shall report space and equipment needs and deficiencies annually to the 
Area Director through the Agency Superintendent.
    (7) Program needs and deficiencies. The administrator shall report 
program needs and deficiencies, i.e., staffing, supplies, training and 
contract services, annually to the Chief, Division of Law Enforcement, 
through the Area Director and Agency Superintendent.
    (8) Cost of inmate board. The facility shall charge all contract 
users at the same rate.
    (9) Fund accounts. The administrator shall arrange for an 
independent audit of inmate fund accounts following standard accounting 
practices. The administrator shall use any profit or interest which 
accrues for the benefit of the inmates.
    (c) Personnel--(1) Personnel policy. If operated by the BIA, the 
facility shall comply with Agency personnel management directives. If 
operated by a Tribe, the facility shall comply with Tribal personnel 
management directives.
    (2) Personnel manual. The administrator shall make a copy of the 
applicable personnel manuals and regulations available to every 
employee.
    (3) Staffing requirements. The administrator shall review employee 
workload annually to ensure that the legitimate safety and security 
needs of staff and inmates are addressed. The administrator shall 
develop and update the facility's shift relief factor annually.
    (4) Criminal record check. The administrator or designee shall 
conduct a criminal record check of all new employees prior to 
employment to determine if there are criminal convictions that have a 
specific relationship to job performance.
    (5) Physical examination. All employees who have direct contact 
with inmates shall have a pre-employment physical examination. There 
shall be provisions for re-examination.
    (6) Physical fitness. Detention officers shall meet BIA or 
comparable tribal standards for physical fitness.
    (7) Code of ethics. The facility shall have a written Code of 
Ethics that outlines the professional standards expected of all 
employees and recognizes that holding facility personnel may be held to 
a higher behavioral standard because of the nature of their duties.
    (8) Confidentiality. Consultants, contract personnel, employees of 
other public and private agencies and volunteers who work with inmates 
shall agree to comply with the facility's policies on confidentiality 
of information.
    (d) Training and staff development--(1) Management of training 
programs. The administrator shall identify, evaluate and update job 
related training needs annually.
    (2) Training curriculum approval. The Chief, Division of Law 
Enforcement, in conjunction with the Indian Police Academy, shall 
approve training programs and curriculum required by these standards.
    (3) Outside resources. The facility shall support the integration 
of IHS-approved training and other training with the approval of the 
administrator.
    (4) Cultural awareness. Orientation training shall include a 
component on cultural issues relative to the local tribe(s).
    (5) Officer orientation training. All new full or part-time 
officers assigned to the holding facility shall receive the number of 
hours of orientation training recommended by the Chief, Division of Law 
Enforcement, during their first year of employment. Employees shall 
complete forty of these hours prior to being independently assigned to 
work in the facility.
    (6) Officer in-service training. All full or part-time officers 
assigned to the holding facility shall receive an additional forty 
hours of job-relevant training each subsequent year of employment.
    (7) Clerical and support staff orientation training. All new 
clerical and support employees who have minimal inmate contact shall 
receive the number of hours of orientation training recommended by the 
Chief, Division of Law Enforcement, within their first year of 
employment.
    (8) Clerical and support staff in-service training. All clerical 
and support persons shall receive an additional sixteen hours of job-
relevant training each subsequent year of employment.
    (9) Administrative and managerial orientation training. All new 
administrative and managerial staff shall receive at least the number 
of hours of training recommended by the Chief, Division of Law 
Enforcement, within their first year of employment in this position.
    (10) Administrative and managerial staff in-service training. 
Administrative and managerial staff shall receive at least twenty-four 
hours of job-relevant training each subsequent year of employment.
    (11) Specialized training. At least one officer assigned to the 
holding facility per shift shall receive specialized training in the 
management of inmates with health and behavioral problems, including 
substance abuse and suicide. At least one officer assigned to the 
holding facility per shift shall be certified as an emergency medical 
technician. All staff who have contact with inmates shall receive 
training in advanced first aid and CPR. The health authority shall 
identify health-related training needs.
    (e) Facility records--(1) Compliance. The facility shall comply 
with 5 U.S.C. 552 (the Freedom of Information Act), 5 U.S.C. 552(a) 
(the Privacy Act of 1974), as amended, 43 CFR 2.79(a) and 16 BIAM 
(Records and Disposition Handbook) or comparable tribal regulations.
    (2) Records management. The facility shall have a system for the 
management, dissemination, retrieval, storage, archiving and (when 
appropriate) destruction of information and detention records.
    (3) Law enforcement sensitive information. Law enforcement 
sensitive records and information shall be marked privileged. The 
administrator or designee shall keep these records in a locked cabinet 
or file room.
    (4) Release of information and consent. Inmates shall sign a 
Release of Information Consent Form in compliance with 5 U.S.C. 552(a) 
(the Privacy Act of 1974) as amended prior to the release of privileged 
information. The administrator or designee shall keep a copy of the 
signed release in the inmate's record.
    (5) Separation of record contents. The administrator or designee 
shall identify and separate contents of inmate records according to an 
established format which, at a minimum, shall separate privileged from 
public information.
    (6) Access to information. The administrator shall define clearly 
personnel who have access to inmate records.
    (7) Daily report. The administrator or designee shall maintain a 
daily report and provide a copy of it to the appropriate court(s). The 
daily report shall identify:
    (i) the names of inmates in custody, including inmates on temporary 
release or in other locations;
    (ii) names of inmates admitted and released;
    (iii) the legal status of each inmate; and
    (iv) the number of days each inmate has been in custody.
    (8) Identification and location record. The facility shall maintain 
a system that identifies all inmates in custody and their actual 
physical location.
    (9) Custody record. The facility shall maintain custody records of 
all inmates held at the facility. The record shall include, but not be 
limited to:
    (i) initial booking form;
    (ii) documented legal authority to detain the inmate;
    (iii) health and suicide screening forms;
    (iv) dates of court appearances;
    (v) signed release of information forms;
    (vi) an on-going record of cash and valuables;
    (vii) dates and times of temporary releases;
    (viii) names of visitors and dates of visits;
    (ix) facility rules and disciplinary policy signed by the inmate;
    (x) classification interview and subsequent classification actions;
    (xi) reports of major disciplinary actions, significant incidents 
or crimes committed while in custody;
    (xii) records of program participation including work release or 
inmate work programs;
    (xiii) good time accumulated (if applicable); and
    (xiv) final release or transfer report.
    (10) Booking information. The administrator or designee shall 
record booking information for every person admitted to the facility. 
The record shall include at least the following data:
    (i) booking number;
    (ii) name and known aliases;
    (iii) current or last known address;
    (iv) date and time of confinement;
    (v) a copy of the court order or other legal basis for detention;
    (vi) name, title, agency and signature of arresting officer;
    (vii) charge or charges;
    (viii) date and place of birth;
    (ix) ethnic origin or tribal affiliation;
    (x) present or last place of employment;
    (xi) emergency contact name, relationship, address and phone 
number;
    (xii) record of telephone calls made by arrestee at time of 
admission;
    (xiii) driver's license and social security number;
    (xiv) identifying information, including height, weight, gender and 
identifying marks, such as birthmarks, scars or tattoos;
    (xv) photograph and fingerprints (optional);
    (xvi) notation of cash and all property;
    (xvii) initial classification and special needs;
    (xviii) an indication that the health and suicide screening was 
completed;
    (xix) name of legal representative if any; and
    (xx) name of booking officer.
    (11) Conducting research. All research conducted shall comply with 
federal and tribal regulations pertaining to conducting and 
disseminating research findings as well as professional and scientific 
ethics. The administrator, the Agency Superintendent and the Area 
Director shall approved all research prior to implementation.


Sec. 10.52  Physical plant.

    (a) Building and safety code compliance--(1) Building and safety 
code compliance. If owned by the Bureau, the facility shall comply with 
29 CFR Part 1910, Subparts D, E, G and L. If owned by a tribe, the 
facility shall comply with the National Fire Protection Association 
(NFPA) Life Safety Code 101 Chapters 2, 4 through 7, and 14 (if new 
holding occupancy) or 15 (if existing holding occupancy), or comparable 
tribal regulations.
    (2) Zoning. The facility shall comply with applicable zoning and 
land use requirements.
    (3) Accessibility. The facility shall comply with 25 U.S.C. 794 
(the Rehabilitation Act of 1973) as amended, 41 CFR 101-19.6 (Uniform 
Federal Accessibility Standards), and 43 CFR Part 17.
    (4) OSHA compliance. The facility shall comply with 29 CFR Part 
1910, Subparts C through E, G, K, L and S (Occupational Health and 
Safety Standards) or comparable tribal regulations. If other activities 
governed by sections of 29 CFR Part 1910 not identified in this 
standard are carried out in the facility, the section(s) of 29 CFR Part 
1910 governing that activity or comparable tribal regulations apply.
    (5) Health and safety inspection. In compliance with 29 CFR Part 
1960 Subparts B through D, the facility shall receive at least one 
inspection each year by a qualified safety and health inspector and 
Environmental Health Specialist and/or Sanitarian. Any request for 
inspection shall be directed to the Area Safety Manager or Officer 
through the Agency Superintendent.
    (6) Furnishings and equipment code compliance. The administrator 
shall maintain documentation by an independent, qualified source that 
the interior furnishing materials in inmate living areas, exit areas 
and places of public assembly shall be in accordance with NFPA Life 
Safety Code Section 6-5 or comparable tribal regulations.
    (b) Facility organization--(1) Separation of adults and juveniles. 
If the adult facility temporarily holds juveniles for periods of less 
than twenty-four hours, it shall comply with 42 U.S.C. 223(a)(ii) (the 
Juvenile Justice and Delinquency Prevention Act of 1974) as amended and 
28 CFR Part 31.
    (2) Separation of inmates. The facility shall be designed and 
constructed so that inmates can be separated according to the 
requirements identified in these standards.
    (3) Separation of males and females. The facility shall provide for 
sight and sound separation of male and female inmates in their housing 
areas.
    (4) Continuously observable housing. The facility shall provide a 
minimum of two single occupancy cells that can be continuously observed 
by staff and allow inmates to communicate with staff.
    (5) Rated capacity. The number of inmates shall not exceed the 
facility's rated capacity with the exception of mass arrests.
    (c) Environmental conditions--(1) Artificial light levels. Lighting 
levels in inmate cells or rooms shall be at least twenty footcandles at 
the desk and in the personal grooming areas. Lighting levels throughout 
the facility shall be appropriate to the tasks and activities carried 
out in its spaces. An independent, qualified source shall document 
lighting levels.
    (2) Noise levels. Noise levels shall not exceed seventy decibels in 
the daytime and forty-five decibels at night. An independent, qualified 
source shall document noise levels.
    (3) Indoor air quality. Air circulation shall be at least ten cubic 
feet of outside or recirculated filtered air per minute per occupant. 
An independent, qualified source shall document air circulations.
    (4) Use of tobacco. The administrator shall regulate the use of 
tobacco in the facility by staff, inmates and the public.
    (5) Heating and cooling. Temperatures shall be appropriate to the 
summer and winter comfort zones.
    (d) Security--(1) Control center. The facility shall maintain a 
secure control center, which has a system for immediate communication 
with the inmate living areas. The control center shall monitor and 
coordinate the facility's security, life safety and communications 
systems.
    (2) Perimeter security. The perimeter shall be secured in a way 
that inmates remain in the perimeter and that access by the general 
public is denied without proper authorization. There shall be security 
doors between inmate areas and areas to which the public has access.
    (3) Security equipment storage. The facility shall provide space 
for the secure storage of chemical agents, restraining devices and 
related security equipment. The equipment shall be located outside 
inmate living and activity areas in a place that is readily accessible 
to authorized persons only. The facility shall store firearms in a 
secure area or cabinet outside the security perimeter of the facility 
in a place that is accessible only to authorized persons.
    (4) Emergency exits. In compliance with NFPA Code and OSHA 
regulations, designated exits in the facility shall permit prompt 
evacuation of inmates and staff members in an emergency. Facility exits 
shall be properly positioned, clear and distinctly and permanently 
marked.
    (5) Protective holding cells. Other than as indicated in the mass 
arrest policy, single and multiple occupancy protective holding cells 
shall hold no more than eight persons and shall be used only for the 
temporary holding of persons during the booking process for periods of 
up to eight hours. Each room or cell shall have, at a minimum:
    (i) sixty square feet of floor space;
    (ii) toilet facilities that are located above floor level, provide 
some degree of privacy and are available for use without staff 
assistance twenty-four hours a day;
    (iii) hot and cold running water; and
    (iv) a bed or fixed bench at or above floor level.
    (6) Emergency equipment. The facility shall have the equipment 
necessary to maintain essential lights, power, ventilation, power-
operated doors or locks and communication in an emergency.
    (7) Visual surveillance equipment. When visual electronic 
surveillance is used, it shall be located primarily in hallways, 
elevators, corridors, or at points on the security perimeter such as 
entrances and exits.
    (e) New facility planning process--(1) New facility planning 
requirement. All new construction, renovation and expansion projects 
shall follow the Planning of New Institutions (PONI) process as 
required by 25 CFR Part 296.
    (2) Safety management review. The design and specifications for all 
new construction, renovation and expansion projects shall be reviewed 
by the Bureau of Indian Affairs in compliance with 29 CFR 1960, Suparts 
B through D.
    (f) New construction, renovation and expansion--(1) Staff inmate 
interaction. Physical plant design shall facilitate continuous personal 
contact and interaction between staff and inmates.
    (2) Continuous observation. All general population and immediate 
segregation living areas shall be constructed to facilitate continuous 
staff observation, excluding electronic surveillance, of cell or room 
fronts and activity areas, such as dayrooms and recreation spaces.
    (3) Location. The facility shall be conveniently located for 
criminal justice agencies, the health authority, community agencies and 
inmates' attorneys, families and friends.
    (4) Single occupancy requirements (general population). Only one 
inmate shall occupy each cell or detention room designed for single 
occupancy. All single rooms or cells shall have at least sixty square 
feet of floor space, provided inmates spend no more than ten hours per 
day locked in. When confinement exceeds ten hours per day, there shall 
be at least seventy square feet of floor space. In general population, 
each room or cell shall have, at a minimum:
    (i) natural light;
    (ii) toilet facilities with some degree of privacy that are located 
above floor level and are available for use without staff assistance 
twenty-four hours a day;
    (iii) a wash basin with hot and cold running water;
    (iv) access to showers; and
    (v) a bed above floor level, a desk or writing surface, safety-type 
hooks or closet space, and a chair or stool.
    (5) Single occupancy requirements (immediate segregation). Only one 
inmate shall occupy each cell or detention room designed for single 
occupancy. The facility shall provide single cell occupancy for 
immediate segregation housing. At least one immediate segregation cell 
shall be vented directly to the exterior. In immediate segregation 
units, rooms shall provide living conditions that approximate those of 
the general inmate population; all exceptions shall be clearly 
documented. Each room or cell shall have, at a minimum:
    (i) natural light;
    (ii) a minimum of seventy square feet of floor space;
    (iii) toilet facilities with some degree of privacy that are 
located above floor level and that are available for use without staff 
assistance twenty-four hours a day;
    (iv) access to showers;
    (v) hot and cold running water; and
    (vi) a bed at or above floor level, a desk or writing surface, and 
a stool.
    (6) Multiple occupancy space requirements. Where used, multiple 
occupancy rooms or cells shall house inmates, who have been screened 
for suitability to group living. The rooms shall provide:
    (i) continuous observation by staff;
    (ii) a minimum of fifty square feet of floor space per occupant in 
the sleeping area and a clear floor-to-ceiling height of not less than 
eight feet;
    (iii) natural light;
    (iv) a toilet(s), with some degree of privacy;
    (v) an operable wash basin(s) with hot and cold running water;
    (vi) access to showers; and
    (vii) beds above floor level and a locker or container for each 
occupant's belongings.
    (7) Space, furnishings and conditions for dayrooms. The facility 
shall provide separate dayroom space for each cellblock or detention 
room cluster. The dayroom shall provide:
    (i) natural light;
    (ii) a minimum of thirty-five square feet of space per inmate 
exclusive of lavatories;
    (iii) showers and toilets with some degree of privacy; and
    (iv) seating and writing surfaces, appropriate to the 
classification which uses this space, sufficient for the number of 
inmates who use the dayroom at one time.
    (8) Toilets. The facility shall provide operable toilets at a 
minimum ratio of one for every twelve inmates in male facilities and 
one for every eight inmates in female facilities. Urinals may be 
substituted for up to one-half of the toilets in male facilities. All 
housing units with three or more inmates shall have two toilets.
    (9) Wash basins. Inmates shall have access to operable wash basins 
with hot and cold running water in the housing units at a minimum ratio 
of one basin for every twelve occupants.
    (10) Showers. Inmates shall have access to operable showers with 
temperature-controlled hot and cold running water at a minimum of one 
shower for every eight inmates. Water for showers shall be 
thermostatically controlled to temperatures ranging from one hundred 
degrees to one hundred-twenty degrees Fahrenheit.
    (11) Housing for the disabled. Disabled inmates shall be housed in 
a manner that provides for their safety in compliance with 25 U.S.C. 
794 (the Rehabilitation Act of 1973) as amended, 41 CFR 101-19.6 
(Uniform Federal Accessibility Standards), and 43 CFR Part 17, yet 
prevents their being discriminated against in their use of the 
facility.
    (12) Interview room. The facility shall provide a minimum of one 
accessible interview room.
    (13) Visiting spaces. The facility shall provide a secure visiting 
room, which facilitates staff observation of visiting. The facility 
shall provide secure space outside the security perimeter for the 
storage of visitors' personal items.
    (14) Food service spaces. When the facility provides for food 
preparation, it shall have adequate space for food processing, storage, 
refrigeration and sanitation. Toilet and wash basin facilities shall be 
available to food service personnel and inmates in the vicinity of the 
food preparation area. The square footage of the kitchen shall be 
appropriate to the needs of the facility. If dining occurs outside the 
dayroom, the facility shall provide a minimum of fifteen square feet 
per occupant.
    (15) Storage spaces. The facility shall provide the following 
storage spaces:
    (i) a secure, well-ventilated janitor closet, which includes sink 
and adequate space for the storage of cleaning implements and supplies;
    (ii) secure storage, located outside the secure area, for 
flammable, toxic and caustic items; and
    (iii) storage space for inmate clothing, bedding, mattresses, 
personal hygiene items and facility supplies.
    (16) Laundry. The facility shall provide access to laundry services 
or laundry space and equipment.
    (17) Booking. The facility shall provide an intake/booking and 
release area which shall be located inside the security perimeter, but 
outside inmate living quarters. The booking area shall include:
    (i) an intake/booking work area;
    (ii) sallyport;
    (iii) access to operable toilets, with some degree of privacy, wash 
basins, drinking water and showers;
    (iv) space for alcohol and drug testing equipment;
    (v) space for inmate identification equipment;
    (vi) a secure, well-ventilated storage room for inmates' personal 
property;
    (vii) telephone(s), which can be used by inmates;
    (viii) private interview spaces;
    (ix) temporary holding rooms or waiting spaces with sufficient 
fixed seating for all inmates at their rated capacities; and
    (x) access to continuously observable protective holding cells for 
the safe holding of intoxicated individuals.
    (18) Staff toilets. The facility shall provide staff toilets inside 
the secure area of the facility that inmates shall not use.
    (19) Public spaces. The facility shall provide public restroom(s) 
and a public lobby with an adequate number of seats to accommodate 
anticipated visitors outside the secure perimeter.
    (20) Administration. The facility shall provide adequate space for 
its administrative functions. This space shall include an office for 
the administrator, work space for clerical staff, duplication of copies 
and supply and equipment storage, space for storage of facility records 
and space for meetings.
    (21) Staff. The facility shall provide adequate space for staff 
assigned to work in the facility. These spaces shall include an area in 
which they can store personal property, change clothes and shower and 
an area in which training, meetings, briefings and breaks can occur.
    (22) Mechanical. The facility shall provide separate and adequate 
space for mechanical systems and equipment.
    (g) Existing construction--(1) Occupancy by one inmate. Only one 
inmate shall occupy each cell or detention room designed for single 
occupancy. All general population and immediate segregation living 
areas shall be constructed to facilitate continuous staff observation, 
including electronic surveillance, of cell or room fronts and activity 
areas, such as dayrooms and recreation spaces.
    (2) Single occupancy space requirements. All single rooms or cells 
shall have at least sixty square feet of floor space, provided inmates 
spend no more than ten hours per day locked in. When confinement 
exceeds ten hours per day, there shall be at least seventy square feet 
of floor space.
    (3) Multiple occupancy space requirements. Where used, multiple 
occupancy rooms or cells shall house inmates, who have been screened 
for suitability for group living. The rooms shall provide:
    (i) continuing observation by staff;
    (ii) a minimum of fifty square feet of floor space per occupant in 
the sleeping area and a clear floor-to-ceiling height of not less than 
eight feet;
    (iii) a toilet(s) with some degree of privacy;
    (iv) an operable wash basin(s) with hot and cold running water;
    (v) access to showers; and
    (vi) beds above floor level and a locker or container for each 
occupant's belongings.
    (4) Single occupancy furnishings and conditions (general 
population). Each room or cell shall have, at a minimum;
    (i) toilet facilities with some degree of privacy that are located 
above floor level and that are available for use without staff 
assistance twenty-four hours a day;
    (ii) a wash basin with hot and cold running water;
    (iii) access to showers; and
    (iv) a bed above floor level, a desk or writing surface, safety-
type hooks or closet space, and a chair or stool.
    (5) Single occupancy furnishings and conditions (immediate 
segregation). Segregation rooms shall provide living conditions that 
approximate those of the general inmate population; all exceptions 
shall be clearly documented. Each room or cell shall have, at a 
minimum:
    (i) a minimum of seventy square feet of floor space;
    (ii) toilet facilities with some degree of privacy that are located 
above floor level and are available for use without staff assistance 
twenty-four hours a day;
    (iii) access to showers;
    (iv) hot and cold running water; and
    (v) a bed at or above floor level, desk or writing surface, and a 
stool.
    (6) Space, furnishing and conditions for dayrooms. The facility 
shall provide separate dayroom space. The dayroom shall provide:
    (i) a minimum of thirty-five square feet of space per inmate 
exclusive of lavatories;
    (ii) showers and toilets with some degree of privacy; and
    (iii) seating and writing surfaces, appropriate to the 
classification which uses this space, sufficient for the number of 
inmates who use the dayroom at one time.
    (7) Toilets. The facility shall provide operable toilets at a 
minimum ratio of one for every twelve inmates in male facilities and 
one for every eight inmates in female facilities. Urinals may be 
substituted for up to one-half of the toilets in male facilities. All 
housing units with three or more inmates shall have two toilets.
    (8) Washbasins. Inmates shall have access to operable washbasins 
with hot and cold running water in the housing units at a minimum ratio 
of one basin for every twelve occupants.
    (9) Showers. Inmates shall have access to operable showers with 
temperature-controlled hot and cold running water at a minimum of one 
shower for every eight inmates. Water for showers shall be 
thermostatically controlled to temperatures ranging from one hundred to 
one hundred-twenty degrees Fahrenheit.
    (10) Housing for the disabled. Disabled inmates shall be housed in 
a manner that provides for their safety in compliance with 25 U.S.C. 
794 (the Rehabilitation Act of 1973) as amended, 41 CFR 101 19.6 
(Uniform Federal Accessibility Standards), and 43 CFR Part 17, yet 
prevents their being discriminated against in their use of the 
facility.
    (11) Visiting spaces. The facility shall provide a visiting room, 
which allows staff to observe visiting.
    (12) Dining. If dining occurs outside the dayroom, the facility 
shall provide a minimum of fifteen square feet per occupant.
    (13) Food service spaces. When the facility provides for food 
processing, storage, refrigeration and sanitation. Toilet and washbasin 
facilities shall be available to food service personnel and inmates in 
the vicinity of the food preparation area. The square footage of the 
kitchen shall be appropriate to the needs of the facility.
    (14) Janitor closet. The facility shall provide a secure, well-
ventilated janitor closet, which includes sink and adequate space for 
the storage of cleaning implements and supplies.
    (15) Storage of toxic, flammable and caustic items. The facility 
shall provide secure storage, outside the secure area, for flammable, 
toxic and caustic items.
    (16) Clothing and supply storage. The facility shall provide 
storage space for inmate clothing, bedding, mattresses, personal 
hygiene items and facility supplies.
    (17) Laundry. The facility shall provide access to laundry services 
or laundry space and equipment.
    (18) Booking. The facility shall provide an intake/booking and 
release area which shall be located inside the security perimeter, but 
outside inmate living quarters. The booking area shall include:
    (i) an intake/booking work area;
    (ii) sallyport;
    (iii) access to operable toilets, washbasins, drinking water and 
showers;
    (iv) space for alcohol and drug testing equipment;
    (v) space for inmate identification equipment;
    (vi) a secure, well-ventilated storage room for inmates' personal 
property;
    (vii) telephone(s), which can be used by inmates;
    (viii) private interview spaces;
    (ix) temporary holding rooms or waiting spaces with sufficient 
fixed seating for all inmates at their rated capacities; and
    (x) access to continuously observable protective holding cells for 
the safe holding of intoxicated individuals.
    (19) Staff toilets. The facility shall provide staff toilets that 
inmates shall not use.
    (20) Public spaces. The facility shall provide public restroom(s) 
and a public lobby with an adequate number of seats to accommodate 
anticipated visitors outside the secure perimeter.
    (21) Administration. The facility shall provide adequate space for 
its administrative functions.
    (22) Staff. The facility shall provide adequate space for staff 
assigned to work in the facility.
    (23) Mechanical. The facility shall provide separate and adequate 
space for mechanical systems and equipment.


Sec. 10.53  Institutional operations.

    (a) Security and control--(1) Perimeter access. All security 
perimeter entrances and control center doors shall be kept locked, 
except when used for supervised entry or exit of employees, inmates, or 
visitors and in emergencies.
    (2) Staff posts. Staff posts shall permit staff to hear and respond 
promptly to emergency situations.
    (3) Full coverage of staff posts. Staff shall be provided for full, 
around-the-clock coverage of designated security posts, full 
surveillance of inmates and performance of other functions.
    (4) Supervision of high security areas. A staff member shall enter 
a high security area only when another staff member is immediately 
available to provide assistance.
    (5) Supervision of coed activities. Facility staff shall supervise 
male and female inmates in coed activities and spaces continuously and 
directly.
    (6) Male and female staff requirement. When both males and females 
are housed in the facility, at least one male and female staff member 
shall be on duty during the times when both sexes are held in the 
facility.
    (7) Prohibited supervision. No inmate or group of inmates shall be 
given control or authority over other inmates.
    (8) Cell checks. An officer personally shall observe high and 
medium security inmates at least every thirty minutes, but on an 
irregular schedule. The administrator shall require observation every 
fifteen minutes for inmates who are mentally disordered or who 
demonstrate unusual or bizarre behavior and continuous observation of 
suicidal inmates.
    (9) Counts. The facility shall have a system to physically count 
inmates that includes strict accountability for inmates assigned to 
work and education release and other approved temporary releases.
    (10) Movement. Officers shall regulate all inmate movement.
    (11) Transportation of inmates. The administrator shall govern the 
safe and secure transportation of inmates outside the facility.
    (12) Use of vehicles. The administrator shall govern the use of 
departmental and personal vehicles for official purposes and shall 
prohibit the use of personal vehicles for transportation of inmates.
    (13) Shift activity log. The facility shall maintain a written 
record of the following:
    (i) personnel on duty;
    (ii) inmate population at the beginning and end of each shift;
    (iii) record of counts taken;
    (iv) shift activities;
    (v) entry and exit of professional and other visitors;
    (vi) unusual occurrences or incidents;
    (vii) hours of programs provided; and
    (viii) clothing and linen exchange.
    (14) Weekly inspection. The administrator or designee shall inspect 
all facility spaces and devices at least weekly, to determine the 
status of all security items and the sanitary condition of the 
facility. The administrator or designee shall document the inspection 
and shall initiate corrective action if needed.
    (15) Monthly inspection. The administrator shall inspect all areas 
of the facility at least monthly to inventory security equipment to 
determine numbers, usefulness and expiration dates, to determine the 
status of all security and safety items and to determine the sanitary 
condition of the facility. The administrator shall document the 
inspection and shall initiate corrective action if needed.
    (16) Fire safety inspection. A qualified fire protection specialist 
shall inspect the facility to test the fire suppression and detection 
system, equipment and facility training in compliance with 29 CFR 
1910,.36(d), 1910.37(m), 1910.37(n), 1910.38, and 29 CFR 1960, Subpart 
D.
    (17) Use of restraints. Staff shall use instruments of restraint 
only used as a precaution against escape during transfer, for medical 
reasons at the direction of the health authority and as a prevention 
against inmate self-injury, injury to others or property damage. Staff 
shall apply restraints only with the approval of the administrator or 
designee and only for the amount of time that is absolutely necessary.
    (18) Security equipment issue. The administrator shall maintain a 
written record of routine and emergency distributions of security 
equipment.
    (19) Contraband control. The administrator shall provide for 
searches of facilities and inmates to control contraband and to provide 
for its disposition. When a new crime is suspected, the administrator 
shall be notified. The administrator shall maintain and make available 
to the appropriate authorities all evidence.
    (20) Body cavity and visual inspections. Manual or instrument 
inspection of inmate body cavities shall be conducted only by medical 
personnel, when there is reason to do so and when authorized by the 
administrator or designee. Trained staff shall conduct visual 
inspections of unclothed inmates only when there is a reasonable belief 
that the inmate is carrying contraband or other prohibited material. 
Medical personnel shall conduct all manual or instrument inspections in 
private. Trained staff of the same sex as the inmate shall conduct all 
visual inspections in private.
    (21) Key and tool control. The administrator shall govern the 
control, issuance, use and storage of keys, tools and culinary and 
medical equipment.
    (22) Use of force and firearms. The facility shall comply with 25 
CFR 11.304 with regard to the use of force, firearms, chemical agents, 
or any other weapon.
    (b) Safety and emergency procedures--(1) Fire prevention. The 
administrator shall govern the storage and use of all flammable, toxic 
and caustic materials, the use of non-combustible receptacles for 
smoking materials, the amount of personal items, including reading 
materials, which inmates may keep in their living units and the amount 
and location of items stored in the facility.
    (2) Preventive maintenance. The administrator or designee shall 
develop a written plan for preventive maintenance of the facility. The 
administrator shall review the plan annually and update it as needed. 
If tribally operated, the plan shall be supported by a Memorandum of 
Agreement between the tribe and the Agency.
    (3) Emergency generator testing. In compliance with 29 CFR 1910.38, 
emergency power generators shall be inspected weekly and tested under 
load at intervals of not more than thirty days.
    (4) Evacuation plan. The administrator shall develop a written 
evacuation plan prepared in case of fire or major emergency. The plan 
shall comply with 29 CFR 1910.38 or comparable tribal code. The 
applicable Safety Officer or designee shall review and approve the plan 
initially and annually. The administrator shall update and reissue the 
plan if necessary. The plan shall include:
    (i) means of immediate release of inmates from locked areas;
    (ii) location of floor plans;
    (iii) use of exit signs and directional arrows for traffic flow;
    (iv) location of a publicly posted plan;
    (v) at least quarterly drills in all facility locations; and
    (vi) coordination with the fire department which services the 
facility.
    (5) Emergency plans. The administrator or designee shall develop 
written plans that specify procedures to be followed in emergency 
situations. The administrator shall make these plans available to 
applicable personnel and shall review and update them at least 
annually. All facility personnel shall be trained in the implementation 
of these plans. Emergency situations shall include but not be limited 
to:
    (i) riots and disturbances;
    (ii) hunger strikes;
    (iii) hostage situations;
    (iv) work stoppages;
    (v) unattended deaths, including successful suicides;
    (vi) attempted suicides;
    (vii) escapes and unauthorized absences; and
    (viii) other threats to the security of the facility.
    (6) Incident reporting. The administrator shall require the 
immediate reporting of all incidents that result in physical harm to 
any person, threaten the safety of any person, result in the need for 
emergency care, result in damage to the facility or facility property, 
threaten the security of the facility, or involve the commission of a 
criminal offense. The administrator shall forward the reports to the 
Agency Superintendent through the appropriate chain of command.
    (7) Medical treatment (incident). The administrator or designee 
shall ensure that all persons injured in an incident receive an 
immediate medical examination and treatment.
    (8) Notification of family. The administrator shall provide for the 
notification of persons designated by the inmate in the event of 
serious illness, injury or death.
    (c) Rules and discipline--(1) Rules of conduct. The administrator 
shall develop written rules of inmate conduct that specify acts 
prohibited within the facility and penalties that may be imposed for 
various degrees of violations. The administrator or designee shall 
provide these rules to all inmates and shall ensure that all inmates 
understand them. All personnel who deal with inmates shall receive 
sufficient training prior to working in the facility to be thoroughly 
familiar with the rules of inmate conduct, the sanctions available and 
the rationale for the rules. The administrator shall review the written 
rules of inmate conduct annually and update them, if necessary to 
ensure that they are consistent with constitutional and legal 
principles and BIA and tribal standards and codes.
    (2) Minor infractions. The administrator shall provide guidelines 
for the informal resolution of minor inmate misbehavior.
    (3) Grievance procedure. The administrator or designee shall make a 
written grievance procedure available to all inmates. The procedure 
shall include at least one level of appeal.
    (4) Criminal violations. In instances in which an inmate is alleged 
to have committed a crime, the administrator or designee shall refer 
the case to the appropriate law enforcement officials for possible 
prosecution.
    (d) Immediate segregation--(1) Types. The administrator of the 
facility or designee may order immediate segregation when it is 
necessary to protect the inmate or others. When immediate segregation 
occurs, the administrator shall govern the supervision of inmates in 
the following categories: administrative segregation, protective 
custody and medical segregation.
    (2) Medical/mental health segregation. The administrator shall 
place inmates in immediate segregation for medical reasons only at the 
direction of the health authority.
    (3) Daily contact. A supervisor and program staff, on request, 
shall make a daily visit to inmates in segregation.
    (4) Release from segregation. A review process shall be used to 
release an inmate from segregation.
    (5) Supervision. An officer shall personally observe all inmates in 
segregation at least every fifteen minutes on an irregular schedule. An 
officer shall personally observe inmates who are violent, mentally 
disordered, have medical conditions requiring a higher degree of 
supervision, or who demonstrate unusual or bizarre behavior more 
frequently. An officer shall continuously observe suicidal inmates. The 
facility shall maintain a permanent log of significant events and 
activities in the segregation unit.
    (6) Deprivation of activity or item. Whenever an inmate in 
segregation is deprived of any usually authorized item or activity, the 
supervisor shall complete a report of the action and forward it to the 
administrator within one working day.
    (e) Inmate rights--(1) Access to courts, counsel and legal 
materials. Inmates shall have the right to have access to attorneys, 
legal representatives, the courts and legal materials and to address 
uncensored communications to governmental authorities.
    (2) Freedom from discrimination. Inmates shall have the right to be 
free from discrimination based on race, religion, national origin, 
tribal affiliation, sex, disability, political beliefs, favoritism or 
nepotism. Inmates shall have the right to equal access to services.
    (3) Equal access for women. Male and female inmates shall have the 
right to equal access to services.
    (4) Right to communicate. Inmates shall have the right to receive 
visits and to communicate or correspond with persons or organizations, 
subject only to the limitations necessary to maintain order and 
security.
    (5) Protection from harm. Inmates shall have the right to 
protection from personal abuse, corporal punishment, personal injury, 
disease, property damage and harassment, by either staff or inmates.
    (6) Freedom of personal grooming. Inmates shall have the right to 
determine the length and style of scalp or facial hair, unless health 
and safety reasons exist.
    (7) Treatment. Inmates shall have the right to medical, dental, 
mental health and substance abuse treatment and rehabilitative services 
as directed by the health authority.
    (f) Booking (1) Booking process. Written procedures for booking new 
inmates shall include, at a minimum:
    (i) verification of court commitment papers or other legal 
documentation for detention;
    (ii) complete search of the individual and possessions;
    (iii) inventory and storage of clothing and personal property;
    (iv) health screening, including tests for infectious diseases as 
required by the health authority;
    (v) emergency health assessment, as required by law, regulations or 
policies of the health authority;
    (vi) opportunity to make at least three local or collect long-
distance telephone calls;
    (vii) shower, hair care and treatment for ectoparasites if 
necessary;
    (viii) issue of clean clothing and personal hygiene items;
    (ix) completion of a booking form as required by these standards;
    (x) suicide screening;
    (xi) orientation, classification and assignment to a housing unit; 
and
    (xii) photographing and/or fingerprinting (optional).
    (2) Mass arrests. Written plans shall govern temporary space 
arrangements and procedures to be followed in the event of a mass 
arrest that exceeds the maximum capacity of the facility. The 
administrator or designee shall update the plans as needed and review 
them at least annually.
    (3) Suicide screening. The administrator shall ensure that all 
inmates shall be screened for risk of suicide at the time of booking. 
When a risk is identified, detention staff shall make an emergency 
referral to the health authority for evaluation by a health care 
professional and shall monitor the inmate until the assessment has been 
completed.
    (4) Orientation. All newly admitted inmates shall receive written 
or oral information in the language they understand. The admitting 
officer shall document completion of orientation by a statement that 
shall be signed and dated by the inmates. The orientation shall 
include, but is not limited to:
    (i) inmate rules of conduct;
    (ii) services available in the facility;
    (iii) procedures for accessing health care services; and
    (iv) inmate rights and privileges.
    (5) Personal property inventory. The admitting officer shall 
complete a written, itemized inventory of all personal property of 
newly admitted inmates and shall store securely all inmate property, 
including money and other valuables. The admitting officer shall give 
the inmate a receipt for all property held until release.
    (6) Regulation of inmate property. The administrator or designee 
shall identify personal property that inmates may receive or keep in 
their possession while in the facility, the sources from which these 
items may be obtained and how these items are received and inspected.
    (g) Security or custody level-- (1) Security or custody level 
policy. The administrator or designee shall provide for assignment to a 
security or custody level and housing unit. The administrator shall 
review these policies annually and update them as necessary. The 
written classification plan shall include:
    (i) criteria and procedures for determining and changing the status 
of an inmate relative to custody; and
    (ii) the separate management of the following categories of 
inmates: male and female, criminal and witnesses/civil, special needs 
inmates (substance abusers, disabled, etc.), juveniles (if detained if 
held in this facility in accordance with standards) and immediate 
segregation.
    (2) Prohibited segregations. The administrator shall prohibit the 
segregation of inmates by race, color, creed, tribal affiliation, 
national origin, political beliefs, nepotism, favoritism or other 
prohibited criteria.
    (h) Food service--(1) Food service records. At a minimum, the 
facility shall maintain records of the number of meals served to the 
inmate population, the expenditures for food supplies and menus 
(planned and as served).
    (2) Dietary allowances. The facility shall document that a 
registered dietician reviews dietary allowances at least annually to 
ensure compliance with nationally recommended food allowances. A diet 
manual, approved by a registered dietician, shall guide dietary 
allowances, including special diets.
    (3) Menu planning. The administrator or designee shall plan, date 
and make all menus available for review at least one week in advance. 
The administrator or designee shall make notations of any 
substitutions, which shall be of equal nutritional value, in the meals 
actually served. The administrator or designee shall consider Native 
American food preferences in menu planning. The administrator or 
designee shall direct that menu evaluations shall be conducted at least 
quarterly to verify adherence to the nationally recommended basic daily 
servings.
    (4) Medical special diets. The administrator or designee shall 
provide for special diets that are prescribed by appropriate medical or 
dental personnel.
    (5) Religious preference special diets. The administrator or 
designee shall provide for special diets for inmates whose beliefs 
require adherence to religious dietary laws.
    (6) Food discipline. The administrator shall prohibit the use of 
food as a disciplinary measure.
    (7) Health protection. Food service facilities and equipment shall 
meet health and safety standards; food service personnel and inmates 
working in the food service area shall comply with applicable health 
regulations. The administrator or designee shall document compliance 
with health and safety regulations, including, but not limited to, a 
pre-assignment medical examination.
    (8) Inspections of food products. The appropriate government agency 
shall inspect and approve food products that are grown or produced 
within the system. The administrator or designee shall implement a 
distribution system that ensures prompt delivery of foodstuffs.
    (9) Inspection of food service area. The administrator or designee 
shall conduct a weekly inspection of all food service areas and 
equipment to ensure that they are sanitary, that all food storage areas 
are temperature controlled, and that food service personnel have made 
daily checks of refrigerator and water temperatures.
    (10) Meal service. The facility shall serve meals under the direct 
supervision of staff. The facility shall provide at least three meals, 
of which two shall be hot, served at regular meal times during each 
twenty-four hour period, with no more than fourteen hours between the 
evening meal and breakfast. Provided that basic nutritional goals are 
met, variations may be allowed based on weekend and holiday food 
service demands.
    (i) Sanitation and hygiene--(1) Water supply. The administrator 
shall maintain documentation that the entity which provides the 
facility's water source, supply, storage and distribution system meets 
the requirements of 42 U.S.C. 300g-6 (the Safe Drinking Water Act).
    (2) Sewage system. The administrator shall maintain documentation 
that entity which provides the facility's sewage system complies with 
33 U.S.C. 1251 et seq. (the Clean Water Act of 1977).
    (3) Sanitation plan. The administrator or designee, in cooperation 
with the BIA or tribal maintenance program, shall develop a written 
housekeeping plan for all areas of the physical plant. The 
administrator or designee shall update the plan as needed and review it 
at least annually. The plan shall provide for daily housekeeping and 
regular maintenance by assigning specific duties to staff, inmates and 
BIA or tribal Facility Maintenance. The plan shall require that:
    (i) facility floors be kept clean, dry and free of hazardous 
substances;
    (ii) a qualified person conduct monthly inspections to control 
vermin and pests;
    (iii) solid and liquid wastes be disposed of properly;
    (iv) clean, suitable and presentable clothing, bedding, linens and 
towels be issued to new inmates and, if necessary, exchanged;
    (v) necessary cleaning and storage of inmate personal clothing be 
provided;
    (vi) articles needed for personal hygiene be furnished; and
    (vii) sufficient facilities in the housing areas to permit inmates 
to shower or bathe on admission to the facility and daily thereafter.
    (j) Health care--(1) Written health care plan. A written plan shall 
provide for the delivery of health care services, including applicable 
medical, dental, mental health and substance abuse treatment, under the 
control of a designated health authority. The plan shall include the 
participation of IHS and tribal health care providers. A Memorandum of 
Agreement between the administrator and the Director of the appropriate 
Indian Health Service (IHS) Service Unit or IHS contract health care 
provider shall document the health care plan. When this authority is 
other than a physician, final medical judgment shall rest with a single 
responsible physician, designated by the appropriate health authority, 
who shall meet the applicable licensure requirements.
    (2) Health program coordinator. In facilities without full-time, 
qualified health personnel, a health-trained staff member shall 
coordinate the health care delivery system in the facility under the 
joint supervision of the responsible health authority and the 
administrator.
    (3) Annual review. The administrator and the health authority shall 
update the plan as needed, review it annually to determine program 
needs including staffing, equipment and supplies and document its 
review by signature and date.
    (4) Medical/mental health judgment. Medical, dental and mental 
health matters involving clinical judgments shall be the sole province 
of the responsible physician, dentist and/or psychiatrist or qualified 
psychologist.
    (5) Security regulations. Security regulations applicable to 
facility personnel shall apply to health personnel.
    (6) Meetings with provider. The health authority shall meet with 
the administrator or designee at least quarterly to review and evaluate 
the health care delivery system. The health authority shall provide an 
annual statistical report which documents the level and amount of 
health care services provided.
    (7) Review of health care policies. The health authority and the 
administrator shall review and approve all policies and procedures 
relative to the health care plan prior to submission of these policies 
to the Chief, Division of Law Enforcement. Policies and procedures 
shall be reviewed at least annually and documented by signature and 
date.
    (8) Health training program. The responsible health authority, in 
cooperation with the administrator, shall establish a health training 
program. The program shall provide instruction in the following areas:
    (i) appropriate procedures to prevent the spread of communicable 
diseases;
    (ii) the ability to respond to health-related situations within 
four minutes;
    (iii) recognition of signs, symptoms and actions required in 
potential emergency situations;
    (iv) recognition of chronic illness;
    (v) administration of first aid and cardiopulmonary resuscitation 
(CPR);
    (vi) methods of obtaining assistance from the health care provider;
    (vii) recognition of signs and symptoms of and management of 
inmates with mental illness, retardation, emotional disturbance, 
chemical dependency and suicidal behavior; and
    (viii) procedures for patient transfers to appropriate medical 
facilities or health care providers.
    (9) Unimpeded access to care. The administrator or designee shall 
provide for the collection and referral of inmate requests for health 
care.
    (10) Twenty-four-hour emergency care. The administrator and health 
authority shall develop a written plan for the provision of twenty-four 
hour emergency medical, dental and mental health care. The 
administrator and health authority shall update the plan as needed and 
review it at least annually. At a minimum, the plan shall include:
    (i) emergency evacuation of the inmate from the facility;
    (ii) emergency evaluation of the inmate for medical or mental 
health problems;
    (iii) use of an emergency medical vehicle;
    (iv) use of one or more designated hospital, clinic, emergency on-
call physician, dentist, psychiatrist, qualified psychologist or 
otherwise qualified clinician; and
    (v) security procedures that provide for the immediate transfer of 
inmates when appropriate.
    (11) Health care treatment. Health care staff or health-trained 
officers shall perform treatment pursuant to written direct orders by 
personnel authorized by law to give such orders.
    (12) Medical/mental health management of inmates. Qualified health 
care personnel, in conjunction with facility staff, shall develop a 
written plan for the management of inmates with medical, mental health 
and substance abuse problems, including suicide risks.
    (13) Licensure requirements. The health authority shall comply with 
all applicable federal law, licensure requirements, rules, regulations 
and medical protocols in the delivery of health care services to the 
inmate population.
    (14) Traditional practitioners. The facility shall allow inmates to 
participate in or receive traditional healing ceremonies and to use 
traditional healing methods, limited only to the degree necessary to 
preserve institutional security and order.
    (15) Prohibited use of detainees. Inmates shall not perform duties 
in the health program.
    (16) Management of medications. The administrator and health 
authority shall provide for the proper management of individual doses 
of medications that are kept in the facility. The administrator and the 
health authority shall review the policy annually and update it as 
needed.
    (17) Administration of medications. The administrator or designee 
shall ensure that persons administering medications have received 
training appropriate to their assignment. Employees shall administer 
medications according to direct or physician orders and shall record 
the administration of medications in a manner and on a form approved by 
the responsible physician.
    (18) Preliminary health care screening. Health-trained staff shall 
perform medical screening of all inmates on arrival at the facility and 
record findings on a printed screening form approved by the health 
authority. The screening process shall include:
    (i) inquiry into:
    (A) current and chronic illness and health problems, including 
dental problems and suicidal thoughts;
    (B) sexually transmitted diseases and other infectious diseases;
    (C) medication taken and special health requirements;
    (D) use of alcohol and other drugs, which includes types of drugs 
used, mode of use, amount used, frequency used, date or time of last 
use and history of problems that may have occurred after ceasing use 
(e.g., convulsions);
    (E) past or present treatment or hospitalization for mental 
disturbance or suicide;
    (F) other health problems designated by the responsible physician; 
and
    (G) mental illness;
    (ii) observation of:
    (A) behavior, which includes state of consciousness, mental status, 
appearance, conduct, tremor or sweating; and
    (B) body deformities, trauma markings, bruises, lesions, jaundice 
and ease of movements; and
    (iii) disposition to:
    (A) housing in general population;
    (B) general population and referral to appropriate health care 
service or substance abuse treatment provider; and/or
    (C) referral to appropriate health care service on an emergency 
basis.
    (19) First aid kits. The administrator shall ensure that first aid 
kits are available in designated areas of the facility as determined by 
the Safety Officer during the annual inspection. The health care 
provider shall determine the appropriate content of first aid kits.
    (20) Serious and infectious disease. The administrator and health 
authority shall develop a written plan for the management of inmates 
with serious and infectious disease. The administrator and health 
authority shall update the plan as needed and review it at least 
annually. The plan shall include, at a minimum:
    (i) precautions taken to prevent the spread of disease;
    (ii) special needs or requirements of the inmate; and
    (iii) procedures for treatment, limiting activities, if 
appropriate, legally mandated reporting and medical pass-on as directed 
by the health authority.
    (21) Detoxification. The administrator and health authority shall 
develop a written plan to guide the clinical management of chemically 
dependent inmates. The plan shall specify the process for involving the 
health authority and the substance abuse program on both a continuing 
and crisis-intervention basis. The plan shall include:
    (i) assessment as warranted;
    (ii) detoxification under clinically supervised conditions;
    (iii) diagnosis of chemical dependency;
    (iv) determination as to whether an individual requires non-
pharmacologically or pharmacologically supported care; and
    (v) the development of a written plan to refer chemically dependent 
inmates to existing community resources.
    (22) Informed consent. The health authority shall observe informed 
consent standards of the community for all examinations, treatments and 
procedures affected by informed consent. In the case of minors, the 
informed consent of a parent, guardian or legal custodian shall apply 
when required by law. Health care shall be rendered against an inmate's 
will only in accordance with law.
    (23) Participation in research. The health authority shall prohibit 
the use of inmates for medical, pharmaceutical, or cosmetic 
experiments. This standard shall not preclude individual treatment of 
an inmate based on need for a specific medical procedure that is not 
generally available.
    (24) Confidentiality of health records. In compliance with the 5 
U.S.C. 552(a) (the Privacy Act of 1974) as amended and 42 CFR Part 2 
(Regulations on Confidentiality of Alcohol and Drug Abuse Patient 
Records), the health authority shall keep the health record 
confidential. The health authority shall require that, at a minimum:
    (i) the active health record shall be maintained separately from 
the confinement record;
    (ii) access to the health record shall be controlled by the health 
authority; and
    (iii) the health authority shall with the administrator of the 
facility or designee information regarding an inmate's medical 
management, security and the ability to participate in programs.
    (25) Medical record contents. The health authority shall approve 
the method of recording entries in the record and the form and format 
of the record. An inmate's medical/mental health record shall contain:
    (i) copies of the completed intake screening form;
    (ii) prescribed medications and their administration;
    (iii) laboratory, x-ray and diagnostic studies, if applicable;
    (iv) the signature and title of each documenter;
    (v) consent and refusal forms;
    (vi) release of information forms;
    (vii) place, date and time of health encounters;
    (viii) discharge summary of hospitalization (if applicable); and
    (ix) health service reports (e.g., dental, psychiatric and other 
consultations).
    (x) Transfer of health information and records. Summaries or copies 
of the health record shall be routinely sent to the health authority of 
any facility to which the inmate is transferred. The inmate shall 
authorize, in writing, the transfer of health records and information, 
unless otherwise provided by law or administrative regulation having 
the force and effect of law.
    (k) Release--(1) Court programs. The facility shall cooperate with 
and assist in coordinating court intervention and diversion programs, 
pretrial release and probation services.
    (2) Final release. Written procedures for final release of inmates 
shall include, but not be limited to:
    (i) verification of identity and release authority;
    (ii) completion of release arrangements, including person or agency 
to whom the inmate is to be released if applicable;
    (iii) verification that all inmate property leaves with the inmate 
and that no facility property leaves the facility;
    (iv) completion of any pending action, such as grievances or claims 
for damages or lost possessions;
    (v) transfer of health information if appropriate; and
    (vi) transportation arrangements, if required.
    (3) Detainers. The presence of a detainer shall not automatically 
prevent the release of an inmate from the detention facility.


Sec. 10.54   Inmate programs and services.

    (a) Counseling, library and religious programming--(1) Counseling. 
The administrator or designee shall provide for inmate counseling and 
crisis intervention services.
    (2) Library. The administrator or designee shall develop a written 
plan to provide reading materials to inmates. The plan shall include 
the location where reading materials are kept and the process by which 
inmates obtain and return these materials. The administrator shall 
update the plan as needed and review it at least annually.
    (3) Religious programs. Inmates shall have the right to practice 
their religion, subject only to the limitations necessary to maintain 
institutional order and security.
    (b) Correspondence and telephone.
    (1) Inmate correspondence. The administrator shall regulate inmate 
correspondence and shall make this policy available to all staff and 
inmates. The administrator shall review this policy annually and update 
it as needed.
    (2) Limitations on inmate correspondence. The administrator shall 
not limit the volume of lawful correspondence (e.g., letters, packages 
and publications) an inmate may send or receive and shall not restrict 
the length, language, content or source of the correspondence, except 
where there is clear and convincing evidence to justify the limitations 
for reasons of public safety, facility order or security.
    (3) Indigents' correspondence. The administrator or designee shall 
provide indigent inmates with a system that enables them to send a 
minimum of two letters.
    (4) Inspection of letters and packages. The administrator or 
designee may open inmate letters, both in-coming and out-going to 
inspect them for contraband. Letters shall not be read or rejected 
except where there is reliable information that there is a threat to 
order and security or that they are being used to further illegal 
activities. The administrator or designee shall notify inmates when in-
coming or out-going letters are rejected. The administrator or designee 
shall deposit any cash, checks, or money orders in the inmate's account 
and shall issue a receipt to both the inmate and the sender. The 
administrator or designee shall forward any contraband found to the 
appropriate law enforcement authority. The supervisor shall forward all 
mail within twenty-four hours of receipt except for Saturdays, Sundays 
and holidays. Inmates shall be prohibited from carrying money.
    (5) Privileged correspondence. The administrator shall permit 
inmates to send sealed letters to specified groups of persons and 
organizations including, but not limited to, courts, including 
probation staff, counsel, officials of the confining authority, 
administrators of grievance systems and the media. Mail to inmates from 
this specified class of persons and organizations shall be opened only 
to inspect for contraband and only in the presence of the inmate.
    (6) Holding and forwarding mail. The administrator or designee 
shall forward or return first-class letters and packages for inmates 
after transfer or release.
    (7) Telephone. The administrator shall provide for inmate access to 
telephones.
    (c) Visiting.
    (1) Visiting rules. The administrator shall establish rules for 
inmate visiting.
    (2) Number of visitors. The administrator or designee shall limit 
the number of visitors an inmate may receive and the length of the 
visits only to the degree necessary in terms of facility schedules, 
space and personnel constraints except where there are substantial 
reasons to justify such limitations.
    (3) Sobriety statement. Facility visitors shall sign a sobriety 
statement. The statement shall stipulate that:
    (i) they are not under the influence of alcohol or illegal mood-
altering substances;
    (ii) they are not carrying such substances on their person or in 
their belongings; and
    (iii) they consent to a breath test or non-invasive search as a 
condition of entry, if there is probable cause.
    (4) Searches (visiting). The administrator or designee shall 
provide clear instructions to staff and inmates concerning inmate and 
visitor search procedures and the approval required for visual 
observations of unclothed inmates.
    (5) Special Visits. The administrator or designee shall provide for 
special visits from persons who have travelled long distances, to 
hospitalized inmates and to inmates in immediate segregation.
    (6) Visitor Personal Property. Visitors shall not bring personal 
property into the secure area of the facility.
    (7) Visitor Registration. The administrator or designee shall 
provide for visitor registration and identification on entry into the 
facility.

    Dated: May 19, 1994.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 94-18796 Filed 8-4-94; 8:45 am]
BILLING CODE 4310-02-P