Section 504-A. Secure facilities  


Latest version.
  • 1.  As  used  in  this  article, "secure
      facility" means a residential facility in which  a  juvenile  delinquent
      may  be  placed under this article, which is characterized by physically
      restricting construction, hardware and procedures, and is designated  as
      a secure facility by the division under this section.
        2.  Secure  facilities  shall  provide  appropriate  services  to  the
      residents, including but not limited to: residential  care,  educational
      and  vocational  training,  physical  and  mental  health  services, and
      employment counseling.
        3. A youth shall be placed in or  transferred  to  a  secure  facility
      only:
        (a)  by  order  of  the  family court pursuant to section 353.5 of the
      family court act; or
        (b) after a hearing pursuant to regulations of the division, with  the
      written approval of the director of the division or his or her designee.
        4.   The   division  shall  promulgate  regulations  governing  secure
      facilities of the division, including but not limited to:
        (a) limitations as to capacity;
        (b) services to be provided and conditions to be maintained;
        (c) a grievance procedure for residents to be  run  by  the  division,
      with the use of personnel separate from that of the facility;
        (d)  procedures  for  admission  to  and  release or transfer from the
      facility;
        (e) periodic inspection by  the  division,  not  to  be  conducted  by
      personnel of the facility.
        5.  A  juvenile delinquent residing in a facility operated pursuant to
      this title may be maintained in group confinement if  he  constitutes  a
      serious  and  evident  danger  to  himself  or  other  persons,  if such
      confinement is  clearly  necessary  to  prevent  escape,  if  the  child
      demonstrates  by  his  behavior  that  he is in need of special care and
      attention in a living unit separate from his normal surroundings, or  if
      such   confinement   is  necessary  for  purposes  of  the  child's  own
      protection. The division shall promulgate regulations  providing  for  a
      procedure  governing  transfers to group confinement and periodic review
      of such confinement.