Section 210IAC6-3-3. Institutional operations

   (a) Except as provided in this section, ACA standards 3A-01 through 3E-05 are adopted as a part of this article.

  (b) The following ACA standards are deleted in their entirety:

(1) 3A-03.

(2) 3A-11.

(3) 3A-12.

(4) 3A-17.

(5) 3B-08.

(6) 3B-09.

(7) 3E-01.

(8) 3E-02.

(9) 3E-03.

(10) 3E-04.

(11) 3E-05.

  (c) The following ACA standards are adopted as modified:

(1) Change the first sentence of standard 3A-13 to read, "The facility has a system for physically counting juveniles and maintains a daily report on juvenile population movement.".

(2) Change standard 3A-20 to read, "Written policy, procedure, and practice provide that manual or instrument inspection of body cavities is conducted only when there is reason to do so. Except in the case of an emergency, inspection is conducted only when authorized by the facility administrator or designee. The inspection is conducted in private by health care personnel only.".

(3) Change standard 3A-21 to read, "Written policy, procedure, and practice provide that strip searches and visual inspection of juvenile private body cavities be conducted based on a reasonable belief that the juvenile is carrying contraband or other prohibited material. The inspection is conducted in private by a trained staff member of the same sex as the juvenile.".

(4) Change standard 3A-26 to read, "Written policy, procedure, and practice govern the availability, control, and use of chemical agents and related security devices and specify the level of authority required for their access and use.".

(5) Change standard 3B-06 to read, "The facility has access to an alternate power source to maintain the following minimum essential services in an emergency: lighting, heating and ventilation, water, security systems and communications systems.".

(6) Change standard 3C-08 to read, "Written policy, procedure, and practice specify the circumstances which justify room restriction and limit the time period to one (1) hour unless an extension is approved by the facility administrator or designee. Juveniles placed on room restriction are checked visually by staff at least every fifteen (15) minutes.".

(7) Change standard 3C-12 to read, "Written policy, procedure, and practice require that a juvenile charged with a major violation of facility rules is given a written copy of the alleged rule violation or violations within twenty-four (24) hours of the alleged violation or violations or the conclusion of the investigation into the alleged violation or violations. A hearing may be held within the subsequent twenty-four (24) hour period with the juvenile's written consent.".

(8) Change standard 3C-14 to read, "Written policy, procedure, and practice provide that disciplinary hearings on rule violations are conducted by an impartial person or a disciplinary committee appointed by the facility administrator or designee. A record of the proceedings is made and maintained for at least six (6) months.".

(9) The "Comment" that follows standard 3C-21 is added as part of the standard.

(10) Change standard 3D-07 to read, "Written policy, procedure, and practice allow freedom in personal grooming and dress unless a safety, security, or hygiene concern justifies otherwise.".

(Department of Correction; 210 IAC 6-3-3; filed Jan 31, 1996, 4:00 p.m.: 19 IR 1314; filed Nov 25, 2002, 9:30 a.m.: 26 IR 1065; readopted filed Dec 2, 2008, 12:21 p.m.: 20081224-IR-210080354RFA; readopted filed Nov 9, 2015, 11:19 a.m.: 20151209-IR-210150328RFA)