20.9.615    PHYSICAL PLANT

(1) A facility shall comply with the following structural requirements:

(a) all rooms and hallways must have adequate lighting;

(b) adequate space must be provided for all phases of daily living, including recreation, privacy, group activities and visits;

(c) detention facilities must have indoor areas of at least 35 square feet of floor space per youth for quiet, reading, study, relaxing, and recreation. Halls, kitchens, and any rooms not used by youth may not be included in the minimum space requirement; and

(d) in detention facilities constructed or remodeled after the adoption of these rules, sleeping areas must contain at least 35 square feet of unencumbered space per youth. Facilities in operation prior to the adoption of these rules must contain at least 30 square feet of floor space per youth.

(2) Collocated facilities, where a youth facility is collocated with an adult facility, shall provide for sight and sound separation of youth and adult detainees. In addition:

(a) collocated facilities shall ensure that written operational plans, policies and procedures are in place to ensure that no contact between youth and adult detainees occurs;

(b) recreational and admission areas used for both adult and youth must be closely regulated by time phasing to prevent contact between adult and youth;

(c) sleeping and living areas may not be shared by adult and youth under any circumstances;

(d) only staff providing specialized services such as cooks, maintenance staff, medical professionals and bookkeepers, whose infrequent contact with detainees occurs under conditions of separation of youth and adult detainees, may serve both populations; and

(e) the day-to-day management and functions of youth detention facilities must be vested in separate staff who, where they serve both youth and adult populations, are trained to serve youth. Except for emergency circumstances, staff whose duties include in whole or in part the provision of direct care to youth may not be used to serve the adult jail at the same time or during the same tour of duty that they serve in the juvenile detention facility.

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.