20.9.629    ADMINISTRATIVE SEGREGATION AND DISCIPLINARY DETENTION

(1) Each facility which uses administrative segregation or disciplinary detention must have written policies governing these practices which comply with ACA standards.

(2) Administrative segregation may be used as a measure for behaviors by a youth such that the youth's continued presence in the general population poses a serious threat to life, property, self, staff, or other youth. Protective custody may be used for youth requesting or requiring protection from other youth.

(3) Disciplinary detention may be used to control a youth found to have committed a serious rule violation and may only be utilized for a maximum of 23 hours per day. Youth in disciplinary detention must be provided with an opportunity of at least one hour of large muscle exercise per day. No youth may be held for longer than four consecutive days. Facility policy must identify acts which are considered to be serious rule violations.

(4) The youth must be provided a due process disciplinary hearing within 48 hours when placed in disciplinary detention.

(5) Each facility which utilizes disciplinary detention shall have written policies which describe, at a minimum:

(a) the criteria for use of disciplinary detention;

(b) the procedure for a due process hearing; and

(c) the procedure by which a youth can appeal the findings of a due process hearing to the facility director or designee.

(6) Records of the use of disciplinary detention, the youth's records, staff records and the room must be made available to the department for inspection.

History: 41-5-1802, MCA; IMP, 41-5-1802, MCA; NEW, 1999 MAR p. 121, Eff. 1/15/99; AMD, 2005 MAR p. 2665, Eff. 12/23/05.