TITLE 8 SOCIAL
SERVICES
CHAPTER 14 JUVENILE
JUSTICE
PART 5 SAFETY
AND EMERGENCY OPERATIONS
8.14.5.1 ISSUING
AGENCY: Children, Youth and Families Department.
[8.14.5.1
NMAC - Rp, 8.14.5.1 NMAC, 7/1/2016]
8.14.5.2 SCOPE:
This rule applies to clients and staff of the juvenile justice division,
also referred to as juvenile justice services, of the children, youth and
families department.
[8.14.5.2
NMAC - Rp, 8.14.5.2 NMAC, 7/1/2016]
8.14.5.3 STATUTORY
AUTHORITY: Sections 32A-1-1 et seq., 32A-2-1 et seq.,
32A-3-1 et seq., 32A-4-1 et seq., 32A-11-1 et seq., 32A-15-1 et seq. NMSA 1978
Comp., as amended.
[8.14.5.3
NMAC - Rp, 8.14.5.3 NMAC, 7/1/2016]
8.14.5.4 DURATION:
Permanent.
[8.14.5.4
NMAC - Rp, 8.14.5.4 NMAC, 7/1/2016]
8.14.5.5 EFFECTIVE
DATE: July 1, 2016 unless a later date is cited at
the end of a section.
[8.14.5.5
NMAC - Rp, 8.14.5.5 NMAC, 7/1/2016]
8.14.5.6 OBJECTIVE:
To establish standards and guidelines for programs which serve the best
interest of the clients, persons and property under the supervision or in the
custody of the department including implementation of Cambiar
New Mexico. This rule further establishes guidelines to address the safety of
clients and staff and for the protection of department resources. This rule
emphasizes the value and importance of staff in the delivery of services to
clients.
[8.14.5.6
NMAC - Rp, 8.14.5.6 NMAC, 7/1/2016]
8.14.5.7 DEFINITIONS:
A. “Cambiar
(Change) New Mexico” is the name designated by the children, youth and
families department (CYFD) for its juvenile justice
reform initiative that focuses on rehabilitation and relationships. Clients and
juvenile justice services’ staff members build relationships and learn to
interact in a completely different way than the old “correctional” model. Group building activities designed to build
trust and communication are key components as well as family and community
involvement.
B. “Client” refers
to a person who is committed to the custody of the CYFD juvenile justice
services or who is receiving services from juvenile justice services.
C. “Delinquent act or
delinquency” refers to an act committed by a juvenile that would be
designated as a crime under the law if committed by an adult.
D. “Department”
refers to the New Mexico children, youth and families department.
E. “Director”
refers to the juvenile justice services director.
F. “Facility”
refers to a facility operated by, or on behalf of the CYFD juvenile justice
services, or any other facility or location designated by the juvenile justice
services director to house or provide care to clients committed to the custody
of CYFD.
G. “FACTS” (family
automated client tracking system) refers to CYFD’s mission critical electronic
case management system supporting protective services, juvenile justice
services, and early childhood services, which is accessed by CYFD staff and
contractors while at CYFD locations. FACTS provides tracking of referrals for abuse/neglect and
delinquency, investigation/preliminary inquiry, legal actions, placements, providers,
and child care assistance.
H. “Incident” for
purposes of this policy, refers to any non-routine or emergency action or
occurrence that disrupts or is likely to disrupt the normal operation of the
facility. This includes mechanical or
physical restraint or other use of force.
I. “Juvenile justice
services” or “juvenile justice division” refers to the organizational unit
within CYFD that operates juvenile justice facilities, and provides other
services under the Delinquency Act, NMSA 1978 section 32A-2-1 et seq.
J. “Mechanical restraint” is defined as a
use of force with mechanical devices to physically restrict a client’s freedom
of movement, performance of physical activity, or normal access to his or her
body. Only staff trained in the proper
use of mechanical restraints may apply them.
Approved mechanical restraint devices are handcuffs, leg irons, and belt
cuffs.
K. “Pat down search”
refers to a visual and manual search of a clothed client and the client’s
clothing for contraband without the removal of the client’s clothing.
L. “Physical restraint”
is the physical use of force on a client by staff to control or restrict the
movement of the client using a technique approved by CYFD and taught in a CYFD
approved course.
M. “Secretary”
refers to the secretary of CYFD.
N. “Secure facility” refers to Camino
Nuevo youth center, J. Paul Taylor center, youth diagnostic and development
center or any other facility designated as a secure facility by the juvenile
justice services director.
O. “Serious incident
report (SIR)” refers to any occurrence which compromises the safety,
security, or emotional well-being of clients, staff, and visitors or endangers
the public. SIRs are completed by any
facility discipline including medical, behavioral/mental health, education or
any administrative discipline not involving potential client due process, using
an approved form which is prepared and submitted to central office
electronically within 24 hours of the occurrence.
P. “Staff” refers to employee(s) of CYFD.
Q. “Strip search”
refers to a visual inspection of a client’s body for weapons, contraband, and
physical abnormalities requiring the client to remove their clothing. This also
includes a thorough search of the client’s clothing once it has been removed.
R. “Superintendent” refers to the chief
administrator at a juvenile justice services facility.
S. “Youth care
specialist” refers to juvenile justice services security staff members whose
primary duties include working directly with clients.
[8.14.5.7
NMAC - Rp, 8.14.5.7 NMAC, 7/1/2016]
8.14.5.8 SECURITY
MANUAL: Juvenile justice services maintains a
security manual that designates locations of staff, referenced as posts, with specific direction
delineated through post orders that
provide standard and emergency operating procedures to each staff
member. The security manual shall not generally be made available to the public
or clients.
[8.14.5.8
NMAC - Rp, 8.14.5.8 NMAC, 7/1/2016]
8.14.5.9 CONTROL
CENTER FUNCTIONS: To maintain the necessary security and
control of the facility, to promote a primary communication vehicle, and to
promote safe and orderly operations there shall be a designated control center
at secure facilities, operating 24 hours per day to coordinate all security
functions and emergency communications.
Juvenile justice services shall designate space for these control
centers in each of its secure facilities and provide a system that links the
control center with all program, service, operational, and living areas of the
facility.
[8.14.5.9
NMAC - Rp, 8.14.5.9 NMAC, 7/1/2016]
8.14.5.10 PERIMETER
SECURITY: Each juvenile justice services facility’s
perimeter shall be controlled by appropriate means to ensure that pedestrian
and vehicle traffic enter and exit through designated points and to prevent
unauthorized client movement outside of the perimeter or unauthorized access to the facility by the
general public.
[8.14.5.10
NMAC - Rp, 8.14.5.10 NMAC, 7/1/2016]
8.14.5.11 SECURITY
EQUIPMENT: Juvenile justice services stores all security
equipment and related items in a secured but accessible location outside of the
client housing and activity areas and maintains a record of equipment
distribution for both emergency and routine incidents.
[8.14.5.11
NMAC - Rp, 8.14.5.11 NMAC, 7/1/2016]
8.14.5.12 PERMANENT
LOGS: Youth care specialists maintain a permanent
log and prepare shift reports that record routine information, emergency
situations, and unusual incidents. These
logs and reports are reviewed by designated staff and filed for future
reference.
[8.14.5.12
NMAC - Rp, 8.14.5.12 NMAC, 7/1/2016]
8.14.5.13 CLIENT
COUNT AND MOVEMENTS: Juvenile justice services maintains a system
of strict accountability for clients that includes maintaining an up-to-date
and accurate master roster that accounts for client admissions, releases,
transfers, escapes, absences from the facility, and transports. On-duty staff members are responsible for
knowing where clients are at all times through formal and informal counts,
physical proximity to clients, and continuous visual surveillance.
[8.14.5.13
NMAC - Rp, 8.14.5.13 NMAC, 7/1/2016]
8.14.5.14 GENERAL
PATROLS AND INSPECTIONS: Juvenile justice services youth
care specialist supervisors shall conduct regular daily patrols and
inspections, including weekend and holidays, of all areas occupied by clients,
and submit daily reports for managerial review.
Weekly inspections shall be conducted of unoccupied areas.
[8.14.5.14
NMAC - Rp, 8.14.5.14 NMAC, 7/1/2016]
8.14.5.15 ADMINISTRATIVE
PATROLS AND INSPECTIONS: The facility superintendent or
designee, deputy superintendents, and designated supervisors shall conduct
patrols and inspections of client living and activity areas on a weekly basis
to encourage informal contact with staff and clients and informally observe
living, working, and activity conditions.
[8.14.5.15
NMAC - Rp, 8.14.5.15 NMAC, 7/1/2016]
8.14.5.16 TOOL
AND EQUIPMENT CONTROL: Juvenile justice services
monitors the use, storage, and accessibility to keys, tools, and equipment
through a documented check-in and check-out procedure and regularly scheduled
inventories.
[8.14.5.16
NMAC - Rp, 8.14.5.16 NMAC, 7/1/2016]
8.14.5.17 KEY
AND LOCKS CONTROL: Juvenile justice services
governs the control and use of keys by designating an individual to
maintain a facility key inventory which identifies the location of keys and
associated locks. Facility keys are
marked “do not duplicate” and can only be approved for duplication by the
facility superintendent.
[8.14.5.17
NMAC - Rp, 8.14.5.17 NMAC, 7/1/2016]
8.14.5.18 USE OF VEHICLES: Juvenile justice services shall allow only
authorized drivers and authorized passengers to drive or be transported in a
juvenile justice services vehicle. Vehicles
shall only be driven or occupied for official state business. Staff members, the public, visitors, and
clients are encouraged to report any misuse of a state vehicle to the juvenile
justice services director.
[8.14.5.18
NMAC - Rp, 8.14.5.18 NMAC, 7/1/2016]
8.14.5.19 CLIENT
TRANSPORTS: Juvenile justice services shall transport its
clients in a safe and secure manner that ensures control and maintenance of
custody and supervision of the clients.
Drivers shall be appropriately licensed for the vehicle and shall obey
all traffic laws. Vehicles shall be properly equipped for the clients being
transported, inspected to ensure compliance with applicable laws and
regulations, and routinely maintained to ensure safe operating conditions.
Clients shall be transported with appropriate security measures, and restraints
shall be used according to client risk levels and other safety factors.
[8.14.5.19
NMAC - Rp, 8.14.5.19 NMAC, 7/1/2016]
8.14.5.20 SERIOUS
INCIDENT REPORTING:
Juvenile justice services shall utilize
a standardized process for reporting serious incidents that involve clients in
their custody, employees, or visitors.
All serious incidents are reviewed by the facility superintendent and if
appropriate filed in the client’s permanent record.
[8.14.5.20
NMAC - Rp, 8.14.5.20 NMAC, 7/1/2016]
8.14.5.21 GANG
MANAGEMENT: Juvenile justice services
provides for and engages clients in pro-social skills development
programs and services that work toward diminishing and eliminating gang
involvement. No client or group of
clients shall be given authority over other clients through formal or informal
mechanisms.
[8.14.5.21
NMAC - Rp, 8.14.5.21 NMAC, 7/1/2016]
8.14.5.22 USE
OF FORCE: Juvenile justice services restricts the use
of physical force, including the use of physical and mechanical restraints, to
instances of justifiable self-defense, protection of a client from hurting him
or herself, protection of others, protection of property, and the prevention of
escapes. Physical force is only used as
a last resort in accordance with applicable law, statute and juvenile justice
services’ policy and procedure. In no
event is physical force justifiable as punishment or may the force used exceed
what is reasonably required to control the individual or situation.
[8.14.5.22
NMAC - Rp, 8.14.5.22 NMAC, 7/1/2016]
8.14.5.23 PROTECTION
FROM HARM: All instances or complaints of alleged or
suspected abuse are reported to the appropriate local law enforcement agency,
protective services or the juvenile justice services director or designee
immediately upon knowledge of the incident (Section 32A-4-3 NMSA 1978). The notification must also be noted in FACTS.
[8.14.5.23
NMAC - Rp, 8.14.5.23 NMAC, 7/1/2016]
8.14.5.24 PRISON
RAPE ELIMINATION ACT: Juvenile justice services shall
comply with the federal Prison Rape Elimination Act (PREA) and maintains an ongoing
commitment to prevent, detect, and respond to all allegations of sexual
misconduct – including sexual abuse and sexual harassment. Juvenile justice services
is committed to providing a safe and secure environment, free from all
forms of sexual misconduct and retaliation for clients and staff. To that end, juvenile justice services has a zero tolerance for sexual
misconduct and maintains comprehensive procedures regarding prevention,
detection, and response to such conduct. All sexual contact between staff and
clients; contractors, volunteers, or student interns and clients; and clients
and clients, regardless of consensual status, is prohibited and subject to
disciplinary action and possible criminal prosecution. All staff, contractors,
volunteers, and student interns are required to report any suspected or
witnessed sexual misconduct.
[8.14.5.24
NMAC - Rp, 8.14.5.24 NMAC, 7/1/2016]
8.14.5.25 UNIT
MANAGEMENT: Juvenile justice services increases contact
between staff and clients, fosters interpersonal relationships and promotes
more knowledge-based decision making by subdividing facilities into
manageably-sized units with multidisciplinary decision making authority in
programming and services.
[8.14.5.25
NMAC - Rp, 8.14.5.25 NMAC, 7/1/2016]
8.14.5.26 DEPLOYMENT:
Staff to client ratios are assessed and maintained according to
location, need, and safety. Juvenile justice services shall provide an
environment that is safe, secure, and orderly by having sufficient staff, 24
hours a day, scheduled and located in client living and activity areas to
provide for the safety and well-being of clients, staff, visitors, and the
general public.
[8.14.5.26
NMAC - Rp, 8.14.5.26 NMAC, 7/1/2016]
8.14.5.27 GENDER
RESPONSIVENESS: Juvenile justice services and its contractors
and service providers are gender responsive. Juvenile justice services shall
maintain at least one staff member of the same gender as a client being
supervised in the location of the client.
[8.14.5.27
NMAC - Rp, 8.14.5.27 NMAC, 7/1/2016]
8.14.5.28 CONTRABAND
CONTROL: Juvenile justice services considers any item
found inside the perimeter of a facility or in possession of a client, staff
member, or visitor inside the perimeter of a facility contraband if it is
illegal to possess by law, illegal for minors to own or possess, or
specifically listed in the department’s prohibited item list. Seized items of contraband will be disposed
of in accordance to New Mexico state statute or as detailed in applicable
procedures, and may be turned over to law enforcement for prosecution.
[8.14.5.28
NMAC - Rp, 8.14.5.28 NMAC, 7/1/2016]
8.14.5.29 SEARCHES:
Juvenile justice services staff, or if necessary supervisory staff or
law enforcement personnel, may conduct or authorize pat down or strip searches
anytime there is an articulated and documented safety or security issue. Staff may search clients, visitors, other
staff, living units, program areas, and vehicles. Searches may be conducted to ensure health,
safety, and security, to control contraband; or to recover missing persons or
property. Upon entry or exit of a secure
facility, all vehicles and personal belongings are subject to being searched.
If there is an articulated and documented safety or security issue with a JJS
staff member, supervisory staff or law enforcement personnel will be called to
search the subject of the concern.
[8.14.5.29
NMAC - Rp, 8.14.5.29 NMAC, 7/1/2016]
8.14.5.30 BODY
CAVITY SEARCHES: Juvenile justice services
expressly prohibits manual or instrument inspections of body cavities
without the execution of a warrant for probable cause by a sworn peace
officer. If such a warrant is issued,
such inspections shall only be conducted in an emergency room of a medical
facility with a JJS medical staff member of the same gender as the client
present to witness the search and record results.
[8.14.5.30
NMAC - Rp, 8.14.5.30 NMAC, 7/1/2016]
8.14.5.31 EVIDENCE
DISPOSITION: Juvenile justice services provides for the
recording, preservation, control, and disposition of all physical evidence
obtained in connection with a violation of the criminal code or juvenile
justice services’ policy and procedure. Evidence
or property seized shall have a documented chain of custody and be handled,
stored and disposed of in a lawful manner.
[8.14.5.31
NMAC - Rp, 8.14.5.31 NMAC, 7/1/2016]
8.14.5.32 EMERGENCY
OPERATIONS: Juvenile justice services’ maintains written
emergency plans and distributes and trains key personnel in the manner which
these plans are to be carried out during an actual emergency. These plans also include specific information
on a means to immediately release clients from locked areas and procedures to
be followed in situations that threaten facility security. Emergency procedures shall include plans for
work actions, strikes, or staff walkouts; facility disturbances or riot
control; natural disasters or inclement weather; escapes; utility failures;
bomb threats and explosions; hostages and negotiations; epidemics or pandemics;
fire emergencies or mass evacuations; and a person found hanging by the neck.
[8.14.5.32
NMAC - Rp, 8.14.5.32 NMAC, 7/1/2016]
8.14.5.33 PROCEDURES:
The juvenile justice services director will make appropriate internal
procedures available to the public but reserves the right to add, delete or
modify internal procedures without notice or comment in furtherance of the
mission and goals of the department or service area.
[8.14.5.33
NMAC- Rp, 8.14.5.33 NMAC, 7/1/2016]
HISTORY OF 8.14.5 NMAC:
Pre-NMAC History: The
material in this part replaces the material that was previously filed with the
State Records Center under:
DDC/GS
10-60, Special Leave of Absences for Juveniles, filed 5/23/90.
YDDC/GS
15-01, Equal Opportunities for Juveniles Programs, filed 5/23/90.
YDDC/GS
06-20, Participation in Religious Programming, filed 5/23/90.
YDDC/GS
06-21, Provision of Staff and Resources for Religious Program, filed 5/23/90.
YDDC/GS
08-02, Classification for Reintegration Center Transfers, filed 5/23/90.
YDDC/GS
08-10, Classification of Juveniles with Special Needs, filed 5/23/90.
YDDC/GS
08-11, Juvenile Releases, filed 5/23/90.
BS 67-19,
Boys Personal Property, filed 5/23/67.
BS 67-23,
Students Supervision, filed 5/23/67.
BS 67-45,
Students Personal Property, filed 5/23/67.
BS 67-49, Organization and Management Policy Cigarette and Candy Issue,
filed 5/23/67.
BS 67-53,
Students Notification of Parents Change of Status, filed 8/16/67.
BS 67-54,
Students On-Campus Group Work, filed 9/5/67.
YDDC/GS
07-05, Escape Plans, filed 5/23/90.
YDDC/GS 07-06, Emergency and Evacuation Plans, filed 5/23/90.
YDDC/GS 07-14, Disturbance, Riots and Hostage Situations, filed
5/23/90.
YDDC/GS
07-20, Bomb Threats, filed 5/23/90.
BS 67-15,
Administrative Morning Report, filed 5/23/67.
BS 67-16,
Charting Procedure, filed 5/23/67.
BS 67-27,
Security, filed 5/23/67.
BS 67-40,
Students Concerning Reports to the Administration Regarding Runaways, filed
5/23/67.
BS 67-41,
Students Procedure for the Cooperative Search and Apprehension of New Mexico
Boys School Runaways, filed 5/23/67.
BS 67-43,
Students Work Pass Policy, filed 5/23/67.
BS 67-47, Organization and Management Policy Institutional Safety
Inspection, filed 5/23/67.
BS 67-57,
Students Procedure for the Cooperative Search and Apprehension of New Mexico
Boys School Runaways, filed 11/13/67.
BS 67-22,
Students Discipline, filed 5/23/67.
DDC/GS
10-11, Mail Regulations, filed 5/23/90.
YDDC/GS
10-12, Resident Telephone Regulations, filed 5/23/90.
YDDC/GS
10-50, Visiting on Grounds with Residents, filed
5/23/90.
BS 67-29,
Students Parents Visiting Lodges, filed 5/23/67.
BS 67-50, Undated, Students Visiting, filed 5/23/67.
BS 67-56,
Communications Mail, filed 9/18/67.
History of Repealed Material:
8 NMAC
14.3, Facility Programs, filed 11/2/98 - Repealed effective 12/30/2005.
8 NMAC
14.5, Facility Food Service, filed 11/2/98 - Repealed effective 12/30/2005.
8 NMAC 14.6, Facility Safety and Security, filed 11/2/98 - Repealed
effective 12/30/2005.
8 NMAC 14.7, Facility Rules and Discipline, filed 11/2/98 - Repealed
effective 12/30/2005.
8 NMAC
14.8, Clients’ Access to Communication, filed 11/2/98 - Repealed effective
12/30/2005.
8 NMAC 14.9, Facility Sanitation and Hygiene, filed 11/2/98 - Repealed
effective 12/30/2005.
8.14.5
NMAC, Facility Operations, filed 12/16/2005 - Repealed effective 8/15/2008.
8.14.5
NMAC, Facility Operations, filed 7/24/2008 - Repealed effective 6/1/2010.
8.14.5
NMAC, Facility Operations, filed 5/17/2010 - Repealed effective 7/1/2016.