Juvenile Detention Communication
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I. PURPOSE To establish ways for minors detained at the Kagman Juvenile Detention and Correctional Facility to communicate with friends, relatives and others who may not be allowed to visit. II. TELEPHONE POLICY A. A minor shall have the opportunity to telephone his/her parent, attorney and/or employer at the time s/he is admitted to the facility. B. After the initial booking calls, the minor may call his/her parent when s/he has earned enough points on the point system to "buy" a call. Staff members shall allow minors to make earned telephone calls at convenient times during Housing/Living Unit activities. Earned telephone calls shall be limited to 10 minutes. If a minor's earned telephone call is interrupted because of telephone problems or for safety and security reasons, the minor shall be allowed to place a second call at a later time to finish the authorized 10 minutes. Telephone calls shall not extend past a minor's assigned bedtime and no telephone call shall be initiated after 2200 hours. C. A minor shall be allowed to call his/her attorney upon request during normal business hours. If a minor wants to call his/her attorney during non-business hours, the minor must have written instructions from his/her attorney to do so. The length of time of the attorney telephone call shall not be restricted. Staff shall proceed as follows: (1) The minor shall tell staff they wish to call their attorney. (2) Staff will dial the number provided by the minor and wait until the person answering the telephone identifies him/herself as the named attorney. (3) Staff shall then give the telephone to the minor and shall not monitor the conversation in any manner. III. MAIL POLICY A. Mail To and From Legal Counsel: Residents will be allowed to receive and send mail to their legal counsel and/or the courts without censorship. Staff is not allowed to read incoming or outgoing mail to the resident's legal counsel and/or the courts. Incoming mail form a resident's legal counsel and/or the courts will be opened in front of the resident and shaken out to ensure that no contraband is coming into the facility. Minors and staff delivering this mail shall initial the envelope after the minor has taken possession of the mail. Letters written by the resident to their legal counsel and/or the courts will be put into an envelope and sealed in front of a staff member. B. There shall be no limitation of the volume of mail a minor may send or receive while in custody. C. All incoming mail, other than mail from legal counsel and/or the courts shall be opened and inspected for contraband by the Juvenile Correction Officer III on duty when the mail is delivered. This mail will not necessarily be opened in front of the minor. Kagman Juvenile Detention and Correctional Facility staff shall not read the resident's incoming and outgoing mail, unless there is documented reasonable belief that the resident is involved in or planning escape. D. Mail that is free of contraband and/or plans for escape will be given to the resident the same day it is received. E. If contraband is seized from incoming mail, it will be returned to the sender if it is not an illegal substance (i.e. drugs). Residents will be notified if any contraband is confiscated from any incoming or outgoing mails. If contraband is discovered in outgoing mail the sender shall be subject to discipline. Residents mail cannot be censored (sections deleted, crossed out or altered) by facility staff. If staff feels that a letter contains information that threatens the security or safety of the institution or public safety they may withhold mailing the letter and notify the Attorney General or the Department of Public Safety. Resident will be notified of any mail that is withheld for reasons of security or public safety. F. All outgoing mail to persons other than legal counsel, the courts and/or parents will be put in an addressed envelope and given to facility staff unsealed. Stall will inspect the outgoing mail for contraband and/or escape plans and seal and mail the envelope. G. Minors are not allowed to give any letter to parents, attorneys, or other visitors for mailing at any time. All mail will come and go through the Postal System. H. Staff shall ensure that client mail is delivered to and picked up from the post office and/or central Division office once each business day. I. The facility shall provide two envelopes and two stamps per week for each resident to send mail. Residents will have unlimited access to stamps and envelopes for mail to their legal counsel or the courts. Additional stamps and envelopes may be "purchased" using earned points. IV. KITES A. If a minor wants to communicate with his/her Probation Officer, the Facility Social Worker, an attorney or the Facility Supervisor, the minor may complete a "Kite" containing: (1) Minor's name (2) Name of the person the minor wishes to contact (3) Contact information (i.e. phone number, address, etc.) (4) Reason for the contact. B. The minor shall give the Kite to any staff member, who shall take the Kite to the Juvenile Correction Officer III's office at the first opportunity. The Shift Supervisor shall forward the Kite to the appropriate person, or shall call that person if the minor's request indicates that the matter is urgent. Visiting Policy I. PURPOSE To establish procedures for an organized and structured visiting program for minors detained in the Kagman Juvenile Detention and Correctional Facility. A. Contact with family, other people significant to the minor and those involved in the legal process are important considerations in a continuum of care. At the same time it is necessary to ensure safety and protection and to allow facility programs to function without constant disruption. Thus, it is the purpose of the facility visiting policies and procedures to balance these needs and considerations. II. POLICY A. Parental visits are included in the Terms and Conditions of Confinement as practiced at the Kagman Juvenile Detention and Correctional Facility, and as such must be allowed unless specified otherwise by a Court order. These conditions also require that visiting be allowed for a minimum of one hour each week. B. It is the policy of the Kagman Juvenile Detention and Correctional Facility that parental contact is encouraged, and that parents are viewed as a potential resource in the care of the minors in custody. Visiting is to be considered an important part of the system of care. As with minors, parents are to be treated with mutual respect and consideration. Staff contacts with parents are to be professional at all times, no matter how problematic such contacts may be. Staff must recognize that parents will very often be upset and concerned about their son/daughter's confinement and that they may have considerable misinformation concerning the purpose and environment of the facility. Parents are to be informed as to who the Facility Social Workers will be. In the event a minor is being released on probation facility staff will ensure parents know how to contact the Juvenile Probation Unit. These identified facility and Division employees will ensure that parents know to contact them if they have concerns or helpful information about their son/daughter. C. Official visits are those made my minor's attorneys, any judge, law enforcement, and other legally constituted officials in the pursuit of their official duties. These visits may occur at any time during the waking hours except during meal service. Official visits during sleeping hours will only occur in serious emergency situations and with review and approval of the Shift Supervisor. D. Clergy visits may be during normal visiting. Exceptions may be made only with review and approval of the Shift Supervisor on duty. Staff is to ensure that the clergy are duly ordained ministers and that there is no known conflict with the parent's religious preferences. Minors may refuse visits from clergy. E. Any problems with visitors in terms of visiting rule violations, safety and protection, or unusual occurrences must be documented in a Special Incident Report. F. Child supervision classification employees shall directly supervise all visits other than those noted in "C" & "D" above. These visits shall be under direct visual supervision. III. PROCEDURE A. Regular Visiting Hours will be as follows: (1) Wednesday evenings from 7:00pm to 8:00pm (2) Sunday afternoons from 1:30pm to 3:30pm B. Excepting those noted in III. A, C & D above visitors will be limited to the following: (1) All visitors inside the secure boundaries of the facility shall be adults as defined by CMNI Statute. (2)Maternal and Paternal grandparents (3)Aunts and Uncles normally providing care and supervision to the minor (4) Others approved by facility supervisory level staff (5) No more than 4 visitors per minor in visiting area at any one time. C. Locations for visits shall be: (1) A secure private interview room for attorney, law enforcement, probation, judges and others with a legal right to visit the minor. These visits will not have time limits. (2) The visiting room for all other visits. D. Visits from other adults shall be limited to the following review/approval process: (1) The person wishing to visit must submit a "Request for Permission to Visit" to the facility Social Worker II. (2) The Social Worker II shall review the request and make a determination as to whether that individual is approved to visit a minor in custody. a. The Social Worker shall consider all of the implications of and the impact the visit will have on the overall program objectives developed for the minor. b. If the minor was on probation before the current detention the Social Worker will confer with the responsible Juvenile Probation Unit employee. c. The welfare of the minor will be the overriding criteria in any decision. E. Security procedures for admitting visitors to the facility shall be as follows: (1) A sign informing all visitors they are subject to search and the possible consequences of bringing contraband into the facility shall be posted at the driveway entrance and outside the main public door. (2) All visitors are subject to a pat search. (3) Visitors caught bringing contraband into the facility shall not be allowed to visit or will have the visit terminated at once. (4) Persons violating the contraband prohibition shall have their visiting privileges terminated for the duration of the minor's placement in the facility. (5) All items brought to a minor in custody by visitors, other than legal documents must be given to the Reception Desk Post Duty officer. (6) The Reception Desk Post Duty officer shall inspect and approve or reject all items. (7) Approved items shall be set aside for inventory and distribution per Policy Statement. (8) Signage will indicate visitors may not bring purses, betel nut containers or other handbags into the facility. (9) Visitors must leave all valuables in their vehicle. Under no circumstances will facility employees take possession of any personal property of a visitor except that brought in for a minor. (10) Staff shall inspect the briefcases of legal or professional staff to ensure that contraband not being concealed before allowing the briefcase into he facility. Documents shall be "fanned" but not read. (11) ALL VISITORS SHALL PASS THROUGH THE METAL DETECTOR. F. Types of special visits are defined as: (1) Scheduled Visits are those held at times other than regular visiting and are generally limited to 30 minutes in length. These visits are by appointment and may occur during waking hours except during meal service. (2) Monitored Visits are those individuals that require a child supervision classification employee, social worker or probation officer be in attendance monitoring the visit throughout. This type of visit occurs whenever there is reasonable suspicion that there may be a danger to the safety and protection of the minor, staff, others and/or the facility due to the visit. Requests for monitored visits must be documented in writing, together with the reasons for monitoring and what the monitor must watch for or intervene in. (3) Initial Visits are those a minor may receive from their parents/guardians as deemed appropriate by the social worker or probation officer. Such visits will normally occur as part of the intake/detention booking process or immediately thereafter. These visits shall be limited to 30 minutes. Transportation Duty Post officers and/or the social worker/probation officers in court may inform the parents/guardians of the appropriate time for these visits. (4) After Court Visits may be held with parents and in-custody minors at the facility as soon as all court transportation needs have been met (searching, etc.). These visits will be limited to 30 minutes. Transportation Duty Post officers and/or social worker/probation officers in court may inform the parents/guardians of the appropriate time for these visits. Visiting Rules Visitors shall not be allowed to visit if they appear to be under the influence of alcohol or drugs, if they are dressed in a suggestive or otherwise inappropriate manner, or if they are uncooperative or unruly. A. Authorized visitors will report to the lobby entrance of the facility at the designated visiting time. B. All visitors must submit some form of proof of identity to the staff member at the Reception Lobby Desk. Identity must be substantiated for the protection of the minors. The type of identification used, and the time and date of the visit shall be entered on the Visitor's Form in the minor's facility file as each visit occurs. The following forms of identification for visitors will be accepted: (1) Commonwealth of the Northern Mariana Islands Driver's License (preferred). (2) Legal-type photograph in an employment identification card. (3) Identifiable, detailed description by a Juvenile Probation Officer or Facility Social Worker regarding what type of identification is acceptable. Proper identification will be required, however the final decision rests with the Juvenile Correction Officer III on duty. C. Juvenile Correction Officers will: Record all visiting privilege changes as directed by the facility Social Worker(s), an assigned Juvenile Probation Officer or the Facility Supervisor. All visiting information will include the full name of the visitor, followed by the type of visit (regular or scheduled), followed by the nature and frequency or duration of the change, the name and capacity of the person directing the change, the date and time notification as received, and the initials of the staff member recording the entry on the Visitor Form in the minor's facility file. (1) Process visitors as follows: a. Check for visitor's identification even though it was checked at the Reception Desk. b. Determine visitor's eligibility to visit by checking information that may be recorded in the minor's facility file. The prerequisites to visit are: [1] For parents or guardians: {a} The visitor(s) must be listed on the minor's Visiting Form. {b} Visitor(s) must not be listed as restricted from visiting. [2] For official legal counsel, clergy: {a} Visitor (s) must be able to certify their identity as the person and classification they claim to be. {b} Visitors should not be listed as restricted from visiting. {c} In case of legal counsel (i.e. attorneys, except Public Defender or Deputy Attorney Generals) they must be the attorneys of record in order to visit or interview the minor. Problems in this area should be referred to the Juvenile Correction Officer III, who will refer the matter to the facility Social Worker &/or Juvenile Probation Officer. {d} Clergy must be the minister of the minor's and/or parents' church and be 18 years of age or older. (2) As courteously as possible, inform person(s) not eligible to visit of their ineligibility and the procedure available to them to gain eligibility. Inform them that they must discuss the situation with the facility Social Worker &/or Juvenile Probation Officer during normal working hours. If they request the contact phone numbers give the general business line for either or both as needed. Never give out home telephone numbers or residential location of employees for this purpose. D. Once the visitor has been determined to be eligible, staff will direct that visitor to the area where visiting is to take place. If it is the visitor's first visit staff will review visiting rules and regulations with the visitor. E. Visitors must comply with all instructions of facility staff and abide by the following rules: (1) Do not smoke cigarettes or chew betel nut during visits. Visitors may not bring these items into the secure sections of the facility at any time. (2) Obtain permission from staff supervising visiting before giving anything, including written material, to any minor in custody. Permission must also be obtained to accept anything from a minor to take out. (3) Minors may not give letters to visitors to take out of the facility. All letters shall be placed in the Postal Service mail. (4) Do not bring any consumable items to minors in the facility. (5) Magazines or paperback books may be brought for the minors however, the staff supervising the visiting must approve them. They also must be brought in with the understanding that the items must be considered donated to the facility and the facility will be in no way responsible for any items lost or left behind. (6) Do not bring to any minor the following items: a. Tobacco in any form b. Matches, lighters, or strikers c. Betel nut, lime, pepper leaf in any form d. Money e. Chewing gum f. Liquor or any other intoxicant g. Glue, solvent, or cement of any type h. Narcotics or drugs of any type. (All medication must be approved per Policy Statements herein). i. Firearms, knives, or weapons of any type. F. Staff supervising visiting will: (1) There shall always be at least one staff member directly supervising visits in the visiting area. (2) In the case of legal &/or clergy visits at least one staff shall provide direct visual supervision of the visiting area. (3) Check all items brought by the visitor(s) and permit only those allowed. (4) While visits are in progress: a. Observe all visually for compliance with visiting rules, however, conversations are not to be monitored unless there is a security or safety issue. b. Discuss the minor's behavior in the facility with the parent(s) or guardian(s) per case plan guidelines. If the parent(s) request information concerning the minor's health, refer them to the Juvenile Correction Officer III. The Shift Supervisor will use their judgment about whether the parent's questions need to be referred to medical staff. If the parent(s) request other information than behavior or medical refer them to the facility Social Worker &/or Juvenile Probation Officer as needed. G. Terminate visits: (1) Immediately: a. When such visits prove unduly upsetting to the minor or the visitor. b. When a visitor's violation of visiting rules makes termination advisable. Inform any visitor required to terminate a visit because of violation of a visiting rule that they must talk with the facility Social Worker &/or Juvenile Probation Officer &/or the facility Supervisor prior to having their visiting privileges reinstated. Report all violations of visiting rules by submitting a Special Incident Report. (2) Terminate visits for other reasons only as necessary (for example, in case of an emergency or if the area should become overcrowded and overly difficult to supervise). H. After departure of the visitors: (1) Turn the minor over to the staff member designated to do a thorough search of the minor. (2) During regular visiting hours, visiting areas, lobby, and front area restroom need to be search at the close of visiting hours. The interview room must be searched after each visit. (3) Always note a minor’s refusal to visit after arrival of the visitor(s). In case of unusual visits of which the staff believes the facility Social Worker &/or Juvenile Probation Officer should be advised, write a Special Incident Report. V. STAFF IN CHARGE OF VISITING A. Preceding regular visiting hours, ensure the readiness of the staff and the facility for regular visiting hours including a search of all areas to be used for visiting. B. During regular visiting hours, keep the minors not visiting in their Housing/Living Units. C. There will be no outside recreational activities during regular visiting due to staffing assignments. D. Upon completion of visits: (1) Require search of minors who received visits and their clothing before they are allowed contact with other minors or access to other areas. (2) Ensure that the visiting area is searched thoroughly prior to allowing minors not receiving visits into that area. (3) Ensure that any Special Incident Reports or appropriate log entries are made with information that needs to be forwarded. (4) Review all problem situations related to visiting and make appropriate decisions and recommendations for handling them. VI. RESTRICTION OR TERMINATION OF VISITING PRIVILEGES A. Visits from professionals other than attorneys and/or parents may be restricted as part of a resident's disciplinary action. Visiting restrictions (other than termination of a particular visitor for introducing contraband into the facility) shall not be longer than 30 days. B. Any visitor who brings contraband into the facility will have their visiting privileges terminated for the duration of the resident's placement in the facility. If the contraband seized is illegal to possess by CNMI law, the contraband and the visitor's name shall be given to the Department of Public Safety for investigation and possible prosecution. C. Visitors who refuse a pat search or search of their briefcases may be denied visitation privilege for no longer than 30 days. If they refuse a pat search or search of a briefcase on subsequent visits they can be denied admittance to the facility. |