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20.9.602    DEFINITIONS

The following definitions apply to all youth detention facility licensing rules:

(1) "Administrative segregation" means a method of housing and managing youth whose continued presence in the general population poses a serious threat to life, property, self, staff, or other youth.

(2) "Collocated facility" means a youth facility located in the same building as an adult jail or lockup, or is part of a related complex of buildings located on the same grounds as an adult jail or lockup. A complex of buildings is considered related when it shares physical features such as walls, fences, or services beyond mechanical services (heating, air conditioning, water and sewer), or is part of a related complex of buildings located on the same grounds as an adult jail or lockup.

(3) "Contraband" means any item possessed by a confined youth or found within the facility that is illegal by law or expressly prohibited by those legally charged with the administration and operation of the facility or program.

(4) "Delinquent youth" means a youth as defined by 41-5-103, MCA.

(5) "Department" means the Department of Corrections as provided for in 2-15-2301, MCA.

(6) "Detention" means placement by law of a youth in a detention facility.

(7) "Detention facility" means a facility as defined by 41-5-103, MCA.

(8) "Disciplinary detention" means a sanction which may be used when a youth commits a serious rule violation as defined by facility policy.

(9) "Facility" means youth detention facility or short-term detention facility.

(10) "Inflammatory agent" means a substance like oleoresin capsicum (OC), commonly called pepper spray, which is derived from the cayenne pepper plant and classified as an inflammatory agent that affects the mucous membranes and the upper respiratory system.

(11) "Intervention and restraint" means the least amount of direct physical contact required by a staff member using approved methods of making such physical contact to restrain a youth from harming self or others.

(12) "Licensing specialist" means the person designated by the department to perform licensing inspections, and to ensure that detention facilities comply with these rules.

(13) "Mechanical restraint" means handcuffs, belly chains, shackles, or leg irons.

(14) "Parent" means the natural or adoptive parent but does not include a person whose parental rights have been judicially terminated, nor does it include a putative father.

(15) "PREA" means Prison Rape Elimination Act.

(16) "Privileged correspondence" is correspondence between a youth and the youth's attorney, courts, government officials, facility director, or probation/parole


(17) "Secure observation" means placement of a youth in an assigned room for observation for the initial 24 hours of detention.

(18) "Serious incident" means:

(a) a suicide attempt;

(b) an allegation of abuse or neglect;

(c) use of excessive force by staff;

(d) sexual abuse/assault by another youth or staff;

(e) injury to a youth, staff, or visitor which requires hospitalization; or

(f) the death of a youth, staff, or visitor.

(19) "Short-term detention" means a facility as defined by 41-5-103, MCA.

(20) "Unencumbered space" means a measurement of square footage in a room or area obtained by multiplying the length and width of the cell/room and subtracting from that figure the total number of square feet encumbered by beds, plumbing fixtures, desks, lockers, and other fixed equipment.

(21) "Youth" means any person under the age of 18 years, without regard to gender or emancipation.

(22) "Youth in need of intervention" means a youth as defined in 41-5-103, MCA.

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; AMD, 2011 MAR p. 570, Eff. 4/15/11.

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