OAR 423-155-0010: Maintaining Compliance with Custody and Facility Provisions of the Juvenile Justice and Delinquency Prevention Act (JJDPA)

(1) To perform its duties as required by the JJDPA in ORS 417.850 (12), the YDD may collect Data and inspect any Facility, as defined in rule, in which juveniles are detained. (2) Places established as Facilities under the definition in OAR 423-155-0001, shall be surveyed either online or in person by the YDD, for the purpose of determining if a Facility meets the classification of one of the following types, in accordance with definitions found in U.S.C. § 11103, and for the purpose of determining the standards applicable when analyzing Data collected pursuant to 34 U.S.C. § 11333: (a) Institution; (b) Secure Detention or Correctional Facility; or (c) Adult Jail or Lockup. (3) Facilities that do not fall under OAR 423-155-0010 (2)(a) – (2)(c), but are still secured through the installment of Construction Features, may be classified as an Other Secure Holding Facility, and made exempt from inspection, and will only be monitored through Survey and Spot-Check. (4) Facilities classified as Institutions shall be inspected once every three years to verify the need and ability to provide adequate separation between juveniles and adult inmates when both are detained in accordance with the standards set forth in 34 U.S.C. § 11133 Section 223 (a)(12). (5) Institutions that also meet the definition of Secure Detention or Correctional Facilities will have their Data collected once per federal fiscal year for the purpose of establishing whether any status or non-offender type juveniles were detained or confined in violation of the standards, or pursuant to applicable exceptions set forth in 34 U.S.C. § 11133 Section 223(a)(11) . The YDD may collect Data at a rate more than once per federal fiscal year if the corrective action process, as described in OAR 423-155-0025, becomes initiated. (6) Institutions that also meet the definition of Adult Jails or Lockups will have their Data collected once per federal fiscal year for the purpose of establishing whether any juveniles were detained or confined in violation of the standards, or pursuant to applicable exceptions set forth in 34 U.S.C. § 11133 Section 223(a) (13). The YDD may collect Data at a rate more than once per federal fiscal year if the corrective action process, as described in OAR 423-155- 0025, becomes initiated. (7) Violations identified through collection of Data, or during on-site inspections will be addressed through a corrective action process as described in OAR 423-155-0025. (8) A Compliance Plan may be requested from Institutions under the following circumstances: (a) During an on-site inspection once every three years; (b) Whenever there is a violation of the standards applicable; or (c) Anytime the YDD finds that an Institution’s juvenile policies have changed and the policy on record at the YDD is outdated. (9) The YDD shall assist Facilities in complying with the JJDPA by way of technical assistance, manuals, or other guidance made available upon request or on the YDD’s website.