Standards for juvenile detention facilities
(1)The standards established in ORS 169.076 (Standards for local correctional facilities) to 169.078 (Standards for temporary hold facilities) apply to juveniles detained in juvenile detention facilities.
(2)In addition, juvenile detention facilities shall:
(a)Provide for personal inspection of each juvenile at least once each hour unless a particular situation requires more frequent inspection;
(b)Provide for personal or electronically monitored supervision on each floor where juveniles are detained;
(c)Provide for separation of detained juveniles from the sight and sound of detained adults. Juveniles may not be placed in facilities that are designated for isolation of adult prisoners in order to meet this standard;
(d)Provide for unrestricted contact between 8 a.m. and 5 p.m. for a period of not less than five hours per day between detained juveniles and their attorneys and unrestricted attorney access to the facility for private attorney-client consultation;
(e)Unless otherwise ordered by the juvenile court following a hearing, provide for the private and unrestricted receipt of and sending of mail; except that incoming mail may be opened in the presence of the juvenile upon reasonable suspicion to believe that the mail contains contraband as defined in ORS 162.135 (Definitions for ORS 162.135 to 162.205) (1) and that incoming packages shall be opened in the presence of the juvenile and their contents may be held until the juvenile is released. The juvenile shall be informed of any confiscated contraband;
(f)Provide for the payment of postage for the juvenile’s mail to an attorney or to federal, state, county or municipal government officials;
(g)Provide for nondispositional counseling and physical exercise of any juvenile held in excess of five judicial days and cause access to the juvenile held in excess of five judicial days for education pursuant to ORS 336.585 (Education for children enrolled in Juvenile Detention Education Program);
(h)Provide for the free exercise of religion by a detained juvenile, unless such provision will cause a threat to the security of the facility or a threat of disorderly conduct within the facility;
(i)Make a written report, one copy of which shall be maintained in a general log, of each use of physical force, restraint, isolation, roomlock or internal search, setting forth in detail the reason such action was taken and the name of the staff person taking such action;
(j)Notify the attorney and the parent or guardian of the detained juvenile after the use of any physical force, restraint, isolation or internal search upon the juvenile both:
(A)As soon as reasonable after the use thereof; and
(B)By mailing a copy of the written report within 24 hours after the use thereof;
(k)For juveniles detained in an adult correctional facility, provide for in-person contact by juvenile department staff within 24 hours of the juvenile’s admission and on a daily basis for as long as the juvenile shall remain in the facility; and
(L)Provide for counseling of any detained juvenile found to be within the jurisdiction of the court.
(3)As used in this section:
(a)“Adult” does not include a person who is 18 years of age or older and is alleged to be, or has been found to be, within the jurisdiction of the juvenile court under ORS 419C.005 (Jurisdiction).
(b)“Juvenile” means a person alleged to be within the jurisdiction of the juvenile court under ORS 419C.005 (Jurisdiction) and a youth offender. [Formerly 169.079; 1991 c.833 §2; 2003 c.442 §5]
Law Review Citations
53 OLR 32 (1973)