Idaho Admin. Code r. 05.02.01.222

Current through September 2, 2024
Section 05.02.01.222 - INDIVIDUAL COMMUNITY PASSES

Prior to granting any individual community pass to a juvenile offender, the Provider must contact the juvenile probation officer and the juvenile services coordinator, to ensure that neither the court nor the Department has placed restrictions on the juvenile offender's pass privileges. All requests for passes must be approved by the juvenile services coordinator. Any pass involving an overnight stay away from the facility, or involving special circumstances such as a sexual abuse victim in the home, requires a written plan detailing supervision and safety measures to be taken, an itinerary for the visit, transportation plan, and must be approved in writing five (5) business days in advance by the juvenile services coordinator. Each time a juvenile offender leaves on and returns from an individual community pass, the Provider must notify the juvenile correctional center in Nampa of this movement, promptly at the time that the juvenile offender leaves and returns.

01.Potential Risk to Public Safety. Individual passes for juvenile offenders assigned to residential facilities should be considered as an integral part of the service implementation plan. However, in all cases, the potential risk to public safety and adequacy of home supervision must be considered prior to allowing a juvenile offender to return home. It is also important that passes not interfere with the ongoing treatment and supervision needed by juvenile offenders. Providers must provide parents or guardians with clearly written guidelines for approved passes, which must be signed by parents or guardians indicating their understanding and willingness to comply with those guidelines. The Department's pass form may be used for this purpose. If the Department's form is not used, the form signed and agreed to by the individual assuming responsibility for supervision must contain at least the following information:
a. The juvenile offender's name and date of birth;
b. The name, address, and telephone number of the individual assuming responsibility;
c. Authorized days, dates. and times for the pass, including the specific date and time of departure and of return;
d. A complete listing of the anticipated locations and activities in which the juvenile offender is expected to be involved;
e. Specific plans for supervision and telephone checks to verify compliance with the pass conditions;
f. A complete listing of the activities required during the pass;
g. Specific stipulations prohibiting:
i. The use of alcohol, tobacco, and drugs;
ii. Involvement in any illegal activity or association with others who may be or have been involved in illegal behavior;
iii. Participation in sexual relations of any kind;
iv. Possession of any kind of firearm or weapon; and
v. Any violation of the terms of probation.
h. Specific stipulations about search and drug testing upon return, and the possible consequences for violation of any of the terms of the pass agreement.
02.Eligibility. A juvenile offender must be in placement a minimum of thirty (30) calendar days to be eligible for any pass. Any exceptions due to extenuating circumstances must be approved by the juvenile services coordinator.
03.Frequency. Frequency of passes must be consistent with the terms of the juvenile offender's service implementation plan and Provider's contract with the Department.
04.Documentation. Documentation of the exact date and time of the juvenile offender's departure from the program for a pass, and return, must be maintained along with complete information about the individual assuming physical custody, transportation, and supervision during the pass.

Idaho Admin. Code r. 05.02.01.222

Effective March 31, 2022